T 0223/96 (Protein C/ELI LILLY) of 29.01.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T022396.19990129
- Date of decision
- 29 January 1999
- Case number
- T 0223/96
- Petition for review of
- -
- Application number
- 86300823.1
- IPC class
- C12N 15/12
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Vectors and methods for expression of human protein C activity
- Applicant name
- Eli Lilly and Company
- Opponent name
- (01) ZymoGenetics, Inc.
(02) Immuno Aktiengesellschaft - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Main Request - inventive step (no)
First and second auxiliary requests - extension of protection conferred (yes)
Third auxiliary request - 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 opposition division with the order to maintain the patent on the basis of the third auxiliary request for all designated contracting States except AT, and claims 1 to 17 for AT, and the description to be adapted accordingly.