T 0079/99 (Solid lipid microspheres/GASCO, MARIA ROSA) of 03.12.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T007999.19991203
- Date of decision
- 3 December 1999
- Case number
- T 0079/99
- Petition for review of
- -
- Application number
- 91113152.2
- IPC class
- A61K 9/51
- 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
- Solid lipid microspheres having a narrow size distribution and method for producing them
- Applicant name
- Gasco, Maria Rosa
- Opponent name
- Yamanouchi Europe B.V.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Article 123(2) - yes - derivable feature
Article 84 - yes - meaning depending on the circumstances of the case
Sufficiency of disclosure - yes
Remittal to the first instance - yes - Catchword
- When considering requests for extension of time, the Board will take into account not only any reasons put forward but also the number of previous extensions (if any), the views of the other party or parties (if known), the effect of delays on other appeals pending before it and the general principle that all delays are to be avoided where possible. Similar considerations apply to requests to adjourn oral proceedings. In these cases however, the Board will also take account of the fact that, once a date has been accepted, exceptional reasons may be required to justify a postponement. (See Reasons, point 2.2)
- Cited 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 for further prosecution.