T 0838/97 (Translational inhibition/RESEARCH FOUNDATION) of 14.11.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T083897.20001114
- Date of decision
- 14 November 2000
- Case number
- T 0838/97
- Petition for review of
- -
- Application number
- 84112647.7
- IPC class
- C12N 15/11
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Regulation of gene expression by employing translational inhibition utilizing mRNA interfering complementary RNA
- Applicant name
- THE RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK
- Opponent name
- Calgene Inc.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- State of the art - Gordon Research Conference - public (no) - confidentiality agreement
Novelty (yes)
Inventive step (yes)
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 first instance with the order to maintain the patent on the basis of the two sets of claims 1 to 23 submitted in the oral proceedings, pages 2, 4 to 15 of the description as granted and page 3 as submitted in the oral proceedings, and Figures 1 to 8 as granted.