T 0339/93 (Modified vaccinia virus/HEALTH RESEARCH, INC.) of 18.04.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T033993.19960418
- Date of decision
- 18 April 1996
- Case number
- T 0339/93
- Petition for review of
- -
- Application number
- 82402380.8
- 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
- Modified vaccinia virus and methods for making and using the same
- Applicant name
- HEALTH RESEARCH, INCORPORATED
- Opponent name
- Katinger, Prof. Dr. H.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 99 1973
- Keywords
- Admissibility of opposition - identifiability of opponent - presumption (yes) - no doubt as to opponent - hearsay evidence (no)
Reference to Enlarged Board of questions on admissibility (no)
Admissibility of the appeal (yes)
Novelty (yes)
Inventive step of main and first auxiliary request - no
Second auxiliary request - no unambiguous basis
Third auxiliary request referred back to the first instance - Catchword
- True identity of opponent held established, thus no reason to refer questions to Enlarged Board of Appeal. Remittal of third auxiliary request to first instance appropriate in this case, so that parties can direct their arguments knowing reasoning on which other requests refused.
ORDER
for these reasons it is decided that:
1. The request to reject the appeal is refused.
2. The request to refer questions to the Enlarged Board of Appeal is refused.
3. The decision under appeal is set aside.
4. The matter is referred back to the first instance with the order for further consideration on the basis of the set of claims filed as the third auxiliary request at the oral proceedings on 18 April 1996.