T 0400/97 (Immunoglobulins/CELLTECH) of 24.05.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T040097.20000524
- Date of decision
- 24 May 2000
- Case number
- T 0400/97
- Petition for review of
- -
- Application number
- 84301996.9
- IPC class
- C12N 15/63
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Processes for the production of multichain polypeptides or proteins
- Applicant name
- Celltech Therapeutics Limited
- Opponent name
- Boehringer Ingelheim GmbH
Genentech, Inc.
Eli Lilly and Company
Pharmacia & Upjohn AB
Protein Design Labs, Inc.
Roche Diagnostics GmbH - Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention Art 87 1973European Patent Convention Art 88 1973
- Keywords
- Oral presentation - state of the art (no)
Main request - sufficiency of disclosure (no)
First auxiliary request - sufficiency of disclosure (yes)
First auxiliary request - priority right (yes)
First auxiliary request - novelty and inventive step (yes)-not disputed - Catchword
- The information content made publicly available by a lecture cannot be put beyond reasonable doubt by any evidence of the lecturer alone, as the lecturer is in a quite different position to a member of the audience (see point 3 ff).
- Citing cases
- T 1212/97
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the set of claims and description submitted as first auxiliary request on 24 May 2000 and the drawings as granted.