European Patent Office

T 1394/21 (VISTA and PD-L1-antagonists/DARTMOUTH COLLEGE) of 25.04.2023

European Case Law Identifier
ECLI:EP:BA:2023:T139421.20230425
Date of decision
25 April 2023
Case number
T 1394/21
Petition for review of
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Application number
13834707.5
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
VISTA modulators for diagnosis and treatment of cancer
Applicant name
The Trustees Of Dartmouth College King's College London
Opponent name
Regimbeau Sarl
Board
3.3.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1)European Patent Convention Art 83Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Late-filed facts - should have been submitted in first-instance proceedings (yes)
Sufficiency of disclosure - main request (yes)
Appeal decision - remittal to the department of first instance (yes)
Catchword
-
Cited cases
G 0002/21
Citing cases
-

Order

For these reasons it is decided that:

- The decision is set aside.

- The case is remitted to the opposition division for further prosecution.