T 0977/93 (Canine coronavirus vaccine) of 30.03.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T097793.19990330
- Date of decision
- 30 March 1999
- Case number
- T 0977/93
- Petition for review of
- -
- Application number
- 84902632.3
- IPC class
- A61K 39/12
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- VACCIN CONTRE LE CORONAVIRUS CANIN
- Applicant name
- American Home Products Corporation
- Opponent name
- Rhoôe Mérieux
- Board
- 3.3.04
- Headnote
A product made available to the public is not reproducible within the meaning of decision G 0001/92 (point 4.1) and thus does not belong to the state of the art if the skilled person is not in a position to establish identity of the reproduced product with the commercially available product because the intrinsic and extrinsic features of the product are not accessible and there is a high probability of variation upon reproduction. (See points 11.1 to 11.3 and 12 of the "Reasons")
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Availability of the intrinsic and extrinsic features of a vaccine (no)
Inventive step (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 department of first instance with the order to maintain the patent on the basis of the main request as filed in the oral proceedings.