T 0886/91 (Hepatitis B virus/ BIOGEN INC.) of 16.06.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T088691.19940616
- Date of decision
- 16 June 1994
- Case number
- T 0886/91
- Petition for review of
- -
- Application number
- 79303017.2
- IPC class
- C12N 15/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Recombinant DNA, hosts transformed with it and polypeptides produced by the hosts; processes for their preparation; detection processes using the polypeptides; compositions and means containing the polypeptides; DNA sequences.
- Applicant name
- BIOGEN, INC.
- Opponent name
- (01) Abbott Laboratories
(02) Takeda Chemical Industries, Ltd
(03) Warcoin, Jacques Cabinet REGIMBEAU
(04) SmithKline Beecham Corporation
(05) Institut Pasteur Etablissement public
Medeva PLC (Intervener) - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 105 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 57 1973European Patent Convention Art 83 1973European Patent Convention Art 87 1973European Patent Convention Art 88 1973European Patent Convention R 28 1973
- Keywords
- Admissibility of intervention of assumed infringer during appeal (yes)
Entitlement to priority
Sufficiency of disclosure (yes)
Industrial applicability (yes)
Citability of document published between the second and third priority dates against subject-matter entitled to the third priority or filing date (yes)
Novelty (yes)
Inventive step-main request (no)
Inventive step-first auxiliary request (yes) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the claims of the first auxiliary request (non-AT and AT), as submitted in the oral proceedings, and a description to be adapted thereto.