T 1068/07 (Enzymatic DNA/SCRIPPS II) of 7.3.2012

European Case Law Identifier: ECLI:EP:BA:2012:T106807.20120307
Date of decision: 07 March 2012
Case number: T 1068/07
Application number: 98920015.9
IPC class: C12Q 1/68
C12N 9/22
C07H 21/04
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 36.498K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished | Published
Title of application: Enzymatic DNA molecules
Opponent name: -
Board: 3.3.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 123(2)
Keywords: Main request - added subject-matter (yes)

In line with the decision G 2/10 of the Enlarged Board of Appeal, for a disclaimer that diclaims from a claim subject-matter disclosed in the application as filed to fulfil the requirements of Article 123(2) EPC, the subject-matter of the disclaimer introduced in that claim has to be - either explicitly of implicitly - directly and unambiguously disclosed in the application as filed, and the subject-matter remaining in this claim after the introduciton of the disclaimer in this claim has to be - either explicitly or implicitly - directly and unambiguously derivable from the application as filed (see points 1 and 2 of the Reasons for the decision).

Cited decisions:
G 0002/10
T 1068/07
Citing decisions:
G 0001/16
T 1068/07
T 1870/08

14 references found.

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EPC Articles

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board

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