T 0437/98 (DNA integration/NOVOZYMES) of 29.01.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T043798.20030129
- Date of decision
- 29 January 2003
- Case number
- T 0437/98
- Petition for review of
- -
- Application number
- 91901587.5
- IPC class
- C12N 15/68
- 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
- STABLE INTEGRATION OF DNA IN BACTERIAL GENOMES
- Applicant name
- Novozymes A/S
- Opponent name
- Genencor International, Inc.
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 69(1) 1973European Patent Convention Art 84 1973European Patent Convention R 67 1973European Patent Convention R 68(2) 1973
- Keywords
- Main request - clarity (no)
First and second auxiliary requests - clarity (no)
Third auxiliary request - clarity (yes)
Novelty (yes)
Inventive step (yes)
Procedural violation (no)
Reimbursement of appeal fees (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent with the claims of auxiliary request 3, filed with letter dated 30. December 2002, amended page 2 of the description, filed during the oral proceedings, pages 3 to 15 of the description and Figures 1 to 31 as granted.
3. Reimbursement of the appeal fee is refused.