T 0699/99 (Cell adhesion peptides/LA JOLLA CANCER RESEARCH FOUNDATION) of 19.01.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T069999.20050119
- Date of decision
- 19 January 2005
- Case number
- T 0699/99
- Petition for review of
- -
- Application number
- 89900774.4
- IPC class
- C07K 1/00
- 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
- Methods for the production of conformationally stabilized cell adhesion peptides
- Applicant name
- La Jolla Cancer Research Foundation
- Opponent name
- Merck Patent GmbH
- 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 1973Rules of procedure of the Boards of Appeal Art 7
- Keywords
- Main Request - novelty (no)
Auxiliary Request I: inventive step (no)
New Second Auxiliary Request: added subject-matter (no), broadening of scope of protection (no), clarity (yes), novelty (yes), inventive step (yes) - Catchword
- -
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 in amended form on the basis of claims 1 to 13 of the New Second Auxiliary Request filed in the oral proceedings of 19 January 2005 and a description to be adapted thereto.
3. The request of the respondent for apportionment of costs is refused.