T 0070/99 (Analytical devices/UNIVERSITY OF PENNSYLVANIA) of 23.01.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T007099.20030123
- Date of decision
- 23 January 2003
- Case number
- T 0070/99
- Petition for review of
- -
- Application number
- 93910891.6
- IPC class
- B01L 3/00
- 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
- Fluid handling in microfabricated analytical devices
- Applicant name
- TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
- Opponent name
- Affymetrix, Inc.
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Admissibility of amendments: yes - generic definition of a subgroup of embodiments by means of a term not literally disclosed but clearly and unambiguously derivable from application as filed
Novelty: yes - suitability of prior art device to perform the function to be performed by claimed device not convincingly established
Inventive step: yes - after amendment - Catchword
- -
- Citing cases
- -
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 with the following documents:
- Claims 1 to 20 (second auxiliary request)
- A description and drawings to be adapted.