| European Case Law Identifier: | ECLI:EP:BA:2007:T008305.20070522 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 22 May 2007 | ||||||||
| Case number: | T 0083/05 | ||||||||
| Decision of the Enlarged Board of Appeal: | G 0002/07, G 0002/13 | ||||||||
| Application number: | 99915886.8 | ||||||||
| IPC class: | A01H 5/10 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Method for selective increase of the anticarcinogenic glucosinolates in Brassica species | ||||||||
| Applicant name: | Plant Bioscience Limited | ||||||||
| Opponent name: | Syngenta Participations AG Groupe Limagrain Holding |
||||||||
| Board: | 3.3.04 | ||||||||
| Headnote: | The following questions are referred to the Enlarged Board of Appeal for decision: 1. Does a non-microbiological process for the production of plants which contains the steps of crossing and selecting plants escape the exclusion of Article 53(b) EPC merely because it contains, as a further step or as part of any of the steps of crossing and selection, an additional feature of a technical nature? 2. If question 1 is answered in the negative, what are the relevant criteria for distinguishing non-microbiological plant production processes excluded from patent protection under Article 53(b) EPC from non-excluded ones? In particular, is it relevant where the essence of the claimed invention lies and/or whether the additional feature of a technical nature contributes something to the claimed invention beyond a trivial level? |
||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Added subject-matter (no) Sufficiency of disclosure (yes) Entitlement to priority (yes) Novelty (yes) Inventive step (yes) Exclusion of essentially biological processes for the production of plants - important point of law - referral of questions to the Enlarged Board of Appeal |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/t050083ex2.html
Date retrieved: 17 May 2021
44 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)