T 0091/98 (Antiviral nucleosides/WELLCOME) of 29.05.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T009198.20010529
- Date of decision
- 29 May 2001
- Case number
- T 0091/98
- Petition for review of
- -
- Application number
- 88101795.8
- IPC class
- C07H 19/073
- 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
- Antiviral nucleosides
- Applicant name
- THE WELLCOME FOUNDATION LIMITED
- Opponent name
- Roche Diagnostics GmbH
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - main, first, second and third auxiliary requests - no
Inventive step - fourth auxiliary request - yes - Catchword
- The date at which an information, put in a Lexis-Nexis data base, was publicly available not established to a degree of certainty established by the case law of the boards of appeal (see T 750/94) (points 25 to 31).
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 claims 1 to 13 for the Contracting States BE, CH, DE, FR, GB, IT, LI, LU, NL, SE and claims 1 to 12 for the Contracting state AT of auxiliary request 4 and description to be adapted thereto.