T 0390/07 (Lysine production/AJINOMOTO) of 20.11.2008

European Case Law Identifier: ECLI:EP:BA:2008:T039007.20081120
Date of decision: 20 November 2008
Case number: T 0390/07
Application number: 97108764.8
IPC class: C12N 9/06
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 73.222K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method of producing L-lysine
Applicant name: Ajinomoto Co., Inc.
Opponent name: BASF Aktiengesellschaft
Board: 3.3.08
Headnote: 1. A claim request which was replaced by another request in proceedings before the opposition division because it was manifest that it would fail thereby avoiding a formal decision, and which was filed on appeal, was considered inadmissible (cf. points 1 to 3 of the Reasons).
2. A third party within the meaning of Article 115 EPC is not a party to any proceedings and has no more than an opportunity to "present observations", the admissibility of which is entirely a matter for the board (cf. points 4 to 7 of the Reasons).
Relevant legal provisions:
European Patent Convention Art 123(3)
European Patent Convention 1973 Art 83
European Patent Convention 1973 Art 84
European Patent Convention 1973 Art 56
Rules of procedure of the Boards of Appeal Art 13
Keywords: Admissibility of the main request (no)
Admissibility of experimental evidence submitted by a third party (no)
Admissibility of a new document filed by a third party (no)
Auxiliary request - extension of protection (no), clarity (yes), inventive step (yes), sufficiency of disclosure (yes)


Cited decisions:
Citing decisions:
T 0281/07
T 0458/07
T 1496/08
T 0823/09
T 1156/09
T 1931/09
T 0923/10
T 1525/10
T 0937/11
T 1756/11
T 1872/11
T 0175/12
T 1697/12
T 2525/12
T 0450/13
T 0460/13

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EPC Articles

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

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