T 0351/98 (HIV-I/CHIRON CORPORATION) of 15.01.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T035198.20020115
- Date of decision
- 15 January 2002
- Case number
- T 0351/98
- Petition for review of
- -
- Application number
- 85307860.8
- IPC class
- C12N 15/48
- 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
- Recombinant proteins of viruses associated with lymphadenopathy syndrome and/or acquired immune deficiency syndrome
- Applicant name
- CHIRON CORPORATION
- Opponent name
- Biotest AG
F. HOFFMANN-LA ROCHE & CO. Aktiengesellschaft
British Bio-technology Limited
Murex Biotech Limited
Akzo Pharma B.V.
Dade Behring Marburg GmbH
IMMUNO Aktiengesellschaft - 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 56 1973European Patent Convention Art 83 1973European Patent Convention Art 87 1973
- Keywords
- Main request: added subject-matter (no), broadening of scope (no)
sufficiency of disclosure (yes), right to priority (yes)
Novelty (yes), Inventive step (yes) - Catchword
- Disclaimer based solely on Article 54(3) EPC prior art document held allowable (see point 45), contrary to view expressed in decision T 323/97.
ORDER
For these reasons it is decided:
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 claims submitted as main request at the oral proceedings on 26. January 2001, pages 6-15, and 21 and 22 of the description as granted and pages 3 to 5, 16 to 20 and 23. of the description submitted as auxiliary request at the oral proceedings on 15 January 2002, and Figures 1 to 7 of the Figures as granted.