T 0386/94 (Chymosin) of 11.01.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T038694.19960111
- Date of decision
- 11 January 1996
- Case number
- T 0386/94
- Petition for review of
- -
- Application number
- 82201272.0
- IPC class
- C12N 15/00
- 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
- DNA molecules comprising the genes for preprochymosin and its maturation forms, and microorganisms transformed thereby
- Applicant name
- UNILEVER N.V.
- Opponent name
- Celltech Limited
Chr. Hansens Laboratorium A/S - Board
- 3.3.04
- Headnote
Inventive step may be acknowledged in the field of gene technology if there is no reasonable expectation of success that the cloning and expression of a given gene can be carried out. However, in a case where, at the priority date, a skilled person can expect to perform the cloning and expression of a gene in a fairly straightforward manner, and the cloning, although requiring much work, does not pose such problems as to prove that the expectation of success was ill-founded, inventive step cannot be acknowledged.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 54(4) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention Art 87 1973European Patent Convention Art 88 1973
- Keywords
- Sufficiency of disclosure (yes)
Novelty (yes)
Inventive step (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.
3. The request for reimbursement of the appeal fee is rejected.