T 0422/96 (Method for detecting an analyte/ENZO BIOCHEM. INC.) of 03.08.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T042296.20000803
- Date of decision
- 3 August 2000
- Case number
- T 0422/96
- Petition for review of
- -
- Application number
- 86111928.7
- IPC class
- G01N 33/543
- 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
- Method for detecting an analyte moiety by means of signal localization
- Applicant name
- ENZO BIOCHEM, INC.
- Opponent name
- Ortho-Clinical Diagnostics, Inc.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main request - novelty (yes): claimed technical effect not made available to the public by prior art
Inventive step (yes) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The requests of the appellant for reimbursement of the appeal fee and for referral of questions to the Enlarged Board of Appeal are refused.
3. The matter is remitted to the first instance with the order to maintain the patent on the basis of the set of claims filed 3 July 2000.