| European Case Law Identifier: | ECLI:EP:BA:2006:T137404.20060407 | ||||||||
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| Date of decision: | 07 April 2006 | ||||||||
| Case number: | T 1374/04 | ||||||||
| Decision of the Enlarged Board of Appeal: | G 0002/06 | ||||||||
| Application number: | 96903521.1 | ||||||||
| IPC class: | C12N 5/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Primate Embryonic Stem Cells | ||||||||
| Applicant name: | Wisconsin Alumni Research Foundation | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.08 | ||||||||
| Headnote: | The following questions are referred to the Enlarged Board of Appeal for decision: 1. Does Rule 23d(c) EPC apply to an application filed before the entry into force of the rule? 2. If the answer to question 1 is yes, does Rule 23d(c) EPC forbid the patenting of claims directed to products (here: human embryonic stem cell cultures) which - as described in the application - at the filing date could be prepared exclusively by a method which necessarily involved the destruction of the human embryos from which the said products are derived, if the said method is not part of the claims? 3. If the answer to question 1 or 2 is no, does Article 53(a) EPC forbid patenting such claims? 4. In the context of questions 2 and 3, is it of relevance that after the filing date the same products could be obtained without having to recur to a method necessarily involving the destruction of human embryos (here: eg derivation from available human embryonic cell lines)? |
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| Keywords: | Human embryonic stem cell culture - sufficiency of disclosure (yes) Exclusion from patentability under Rule 23d(c) in conjunction with Article 53a EPC - important point of law - referral of questions to the Enlarged Board of Appeal |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t041374ex1.html
Date retrieved: 17 May 2021
17 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)