T 0479/97 (Expression system/NOVARTIS AG) of 06.09.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T047997.20010906
- Date of decision
- 6 September 2001
- Case number
- T 0479/97
- Petition for review of
- -
- Application number
- 89810545.7
- IPC class
- C12N 15/60
- 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
- Novel expression system
- Applicant name
- Novartis AG
- Opponent name
- DSM Gist Holding B.V.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 87 1973European Patent Convention Art 88 1973European Patent Convention Art 89 1973
- Keywords
- Right to priority - main request - part of claim 1 and claim 5 - (no) - auxiliary request - (yes)
Novelty - main and auxiliary requests - (yes)
Inventive step - main request (no) - auxiliary request (yes) - Catchword
- -
- Citing cases
- -
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 following documents:
(a) claims 1 to 39 for all designated Contracting States except ES filed on 3 March 1998 as auxiliary request; and
(b) claims 1 to 39 for the contracting State ES filed on 18 May 2001; and
(c) description pages 2,3,5 to 20, 22 to 33 and page 34, lines 1 to 41 as granted and pages 4 and 21, filed on 5 December 1996; and
(d) drawings: Figures 1 to 15 as granted.