| European Case Law Identifier: | ECLI:EP:BA:2000:T073695.20001009 | ||||||||
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| Date of decision: | 09 October 2000 | ||||||||
| Case number: | T 0736/95 | ||||||||
| Application number: | 83901979.1 | ||||||||
| IPC class: | C07K 13/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | (Met-1,des-Cys1,des-Tyr2,des-Cys3) human gamma interferon and a DNA sequence encoding it | ||||||||
| Applicant name: | AMGEN INC. | ||||||||
| Opponent name: | Boehringer Ingelheim GmbH | ||||||||
| Board: | 3.3.04 | ||||||||
| Headnote: | From the Enlarged Board of Appeal case law, decisions G 10/91 and G 1/95 in particular, and the Guidelines for the examination in the EPO follows that the aim of the patent prosecution to avoid invalid patents comes to the foreground as far as proceedings before the first instance are concerned. By adding that the Enlarged Board of Appeal did not see any reason to change the practice of the first instance, it indicated that the first instance at least needs to examine whether a fresh ground is relevant. Therefore, before declaring it inadmissible, the opposition division should have examined under Article 114(1) EPC whether the ground raised under Article 100(c) EPC could prejudice the maintenance of the patent. | ||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Admissibility of fresh ground of opposition - relevance Obligation of opposition division to examine fresh ground of opposition for relevance Remittal to first instance for further prosecution - yes Referral to Enlarged Board of Appeal - no |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t950736ex1.html
Date retrieved: 17 May 2021
12 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)
Case Law Book: IV Divisional Applications
Case Law Book: V Priority
XCLR V A 3.5.5 Review of an opposition division's discretionary decision (not) to admit a new ground for opposition