T 0441/93 (Cloning in Kluyveromyces/GIST BROCADES) of 27.03.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T044193.19960327
- Date of decision
- 27 March 1996
- Case number
- T 0441/93
- Petition for review of
- -
- Application number
- 83200714.0
- 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
- Cloning system for Kluyveromyces species
- Applicant name
- GIST-BROCADES N.V.
- Opponent name
- RHONE-POULENC SANTE
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 87 1973European Patent Convention Art 88 1973European Patent Convention Art 89 1973European Patent Convention R 71a 1973
- Keywords
- Priority (no) - multiple priorities for one claim
Novelty (yes)
Inventive step (yes) - Catchword
- If the Board concludes that a person skilled in the art would expect to have to perform scientific research rather than routine work in order to transfer a technology previously set up in one field of research to a neighbouring field, then inventive step may be acknowledged.
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 final main request submitted at the oral proceedings on 27. March 1996.