T 0354/97 (Protein secretion/GENENTECH) of 03.05.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T035497.20000503
- Date of decision
- 3 May 2000
- Case number
- T 0354/97
- Petition for review of
- -
- Application number
- 83301269.3
- IPC class
- C12N 15/62
- 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
- Expression, processing and secretion of heterologous protein by yeast
- Applicant name
- GENENTECH, INC.
- Opponent name
- DSM Gist Holding B.V.
The Green Cross Corporation - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 83 1973
- Keywords
- Main and second auxiliary requests - added subject-matter (yes)
First and third auxiliary requests - novelty (no)
Fourth auxiliary request - sufficiency of disclosure (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 for further prosecution on the basis of claims 1 to 10 for all designated Contracting States, except AT, and claims 1 to 10 for the Contracting State AT, filed as fourth auxiliary request during oral proceedings.