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Date of decision
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17 June 2004
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Case number
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T 0015/01
- 3.3.4
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Application number
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92913710.7
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Title of the application
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Causative agent of the mystery swine disease, vaccine
compositions and diagnostic kits
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Applicant name
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Stichting Dienst Landbouwkundig Onderzoek
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Opponent name
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Cyanamid Iberica
Akzo Nobel N.V.
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Headnote
1. The same priority right may be validly claimed in more than
one European patent application; there is no exhaustion of
priority rights (see points 25 to 41 of the reasons).
2. Rule 20(3) EPC does not apply in the context of universal
successions in law. The universal successor of a patent
applicant or patentee automatically acquires party status in
proceedings pending before the European Patent Office (see
points 4 to 12 of the reasons).
3. Neither Rule 57a nor Article 123(3) EPC is infringed for the sole reason
that a patent proprietor files a separate set of claims for a specific
contracting state in opposition proceedings in order to take
into account that, due to a reservation made under Article
167(2)(a) EPC, product claims as granted would be considered
invalid in this state (see points 17 to 21 of the reasons).
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Keywords
Admissibility of appeal (yes) - party status of universal
successor of original patentee (yes) - correction of wrong
designation of appellant (allowed)
Allowability of amendments: new set of claims for ES/GR (yes)
Broadening of scope of protection (no)
Priority (yes) - doctrine of exhaustion of priority (no)
Novelty and inventive step (yes)
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