T 1023/02 (HSV vaccines/ARCH DEVELOPMENT) of 19.05.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T102302.20060519
- Date of decision
- 19 May 2006
- Case number
- T 1023/02
- Petition for review of
- -
- Application number
- 91918320.2
- IPC class
- A61K 39/12
- 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
- Recombinant herpes simplex viruses vaccines and methods
- Applicant name
- Arch Development Corporation
- Opponent name
- University College London
The University Court of the University of Glasgow - 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 83 1973European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal Art 10b
- Keywords
- Added matter (no) - novelty, inventive step, sufficiency of disclosure (yes)
- Catchword
- -
- Cited cases
- G 0009/91
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent in amended form on the basis of the main request filed at the oral proceedings and consisting of claims 1 to 3 for all designated Contracting States except ES and claims 1 to 3 for ES, and a description to be adapted.