In its decision the opposition division held that the ground for opposition pursuant to Article 100(a) in combination with Articles 52(1) and 54 EPC was prejudicial to the maintenance of the patent as granted in view of lack of novelty of the subject-matter of independent claim 5, and decided to maintain the patent in amended form according to the auxiliary request 1 filed at the oral proceedings. The appeals filed by the appellant 1 (patent proprietor) and appellant 2 (opponent) are directed against the interlocutory decision of the opposition division to maintain the European patent No. Remittal - special reasons for remittal (yes)Īmendment after summons - exceptional circumstances (no)Īmendment after summons - taken into account (no)Īmendment after summons - cogent reasons (no)ĭiscretional decision of the Board to hold oral proceedings by videoconference Rules of procedure of the Boards of Appeal 2020 Art 15a(1)Īppeal decision - remittal to the department of first instance (yes) Rules of procedure of the Boards of Appeal 2020 Art 013(2) Rules of procedure of the Boards of Appeal 2020 Art 011 SYSTEM AND METHOD FOR AUTOMATIC PLANT TISSUE SAMPLING Documentation of the appeal procedure can be found in the Registerīibliographic information is available in:
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