T 0451/99 (Synthetic antigens/GENETIC SYSTEMS) of 14.03.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T045199.20030314
- Date of decision
- 14 March 2003
- Case number
- T 0451/99
- Petition for review of
- -
- Application number
- 86902998.3
- IPC class
- C12Q 1/70
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0451/99 AIDS-related disease/BIO-RAD LABS. 2005-01-13
- Abstracts for this decision
- -
- Application title
- Synthetic antigens for the detection of AIDS-related disease
- Applicant name
- GENETIC SYSTEMS CORPORATION
- Opponent name
- Dade Behring Marburg GmbH
Roche Diagnostics GmbH - Board
- 3.3.04
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
Is the introduction into a claim of a disclaimer not supported by the application as filed admissible, and therefore the claim allowable under Article 123(2) EPC, when the purpose of the disclaimer is to meet a lack-of-novelty objection pursuant to Article 54(3) EPC?
If yes, what are the criteria to be applied in assessing the admissibility of the disclaimer?
- Relevant legal provisions
- European Patent Convention Art 112(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 84 1973
- Keywords
- Allowability of disclaimers - under Article 123(2) EPC - delimitation against Article 54(3) EPC prior art - criteria to be applied - referral to Enlarged Board of Appeal
- Catchword
- -
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board of Appeal:
Is the introduction into a claim of a disclaimer not supported by the application as filed admissible, and therefore the claim allowable under Article 123(2) EPC, when the purpose of the disclaimer is to meet a lack-of-novelty objection pursuant to Article 54(3) EPC?
If yes, what are the criteria to be applied in assessing the admissibility of the disclaimer?