T 1147/98 (Cartilage-inducing factor/CELTRIX PHARMACEUTICALS INC.) of 14.07.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T114798.20000714
- Date of decision
- 14 July 2000
- Case number
- T 1147/98
- Petition for review of
- -
- Application number
- 85304848.6
- IPC class
- C07K 14/00
- 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
- Polypeptide cartilage-inducing factors found in bone
- Applicant name
- CELTRIX PHARMACEUTICALS, INC.
- Opponent name
- Novartis AG Patent and Trademark Dept.
OSI Pharmaceuticals, Inc. - 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 84 1973European Patent Convention Art 87(1) 1973
- Keywords
- Main request : Entitlement to priority (yes), Novelty (yes)
Inventive step (yes) - Catchword
- -
- Citing cases
- T 1213/05
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 4 of the main request for all designated Contracting States, except AT, as filed on 17 February 1999 and claims 1 to 4 of the main request for the Contracting State AT as filed on 20 July 2000, and a description to be adapted thereto.