| European Case Law Identifier: | ECLI:EP:BA:2005:T071302.20050412 | ||||||||
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| Date of decision: | 12 April 2005 | ||||||||
| Case number: | T 0713/02 | ||||||||
| Application number: | 96933245.1 | ||||||||
| IPC class: | C07F 9/6518 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | In situ preparation of nucleoside phosphoramidites and oligonucleotide synthesis | ||||||||
| Applicant name: | Avecia Biotechnology Inc. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. Even where the Formalities Officer allowed a request for correction of priority data, that matter is not thereby decided in the applicant's favour in binding form prior to the decision terminating the granting procedure and is, thus, open to review by the Board of Appeal. (Point 2.1 of the reasons) 2. The examination of a request for correction of priority data after the publication of the application is not to be restricted to that portion of the facts and circumstances which in a decision of a Board of Appeal in another case were considered not to preclude the correction. Therefore, in the present case, it cannot be ignored that the requested correction by addition of an earlier priority date would eliminate from the state of the art pursuant to Article 54(2) EPC a highly relevant document, which the applicant had previously de facto accepted as comprised in that state of the art. (Point 2.2 of the reasons) |
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| Keywords: | Correction of priority data after publication of application (not allowed) - no separate positive decision in examination proceedings - no binding effect - no res judicata - public taken by surprise - correction not requested promptly Novelty (no) - prepublished document Referral of questions to EBA (no) - questions irrelevant for present decision Refund of appeal fee (no) - unsuccessfull appeal |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t020713ex1.html
Date retrieved: 17 May 2021
21 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)