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Date of decision
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30 June 2004
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Case number
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T 0579/01
- 3.3.4
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Application number
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95202975.9
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Title of the application
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A cytoplasmic male sterile vegetable plant cell of the
compositae family and also a method for obtaining such a plant
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Applicant name
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Enza Zaden, De Enkhuizer Zaadhandel B.V.
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Opponent name
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Florimond Desprez
Groupe Limagrain Holding
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Headnote
Under certain circumstances the amendment of a "cell of a plant"
claim to a "plant" claim is not contrary to the requirements of
Article 123(3) EPC. (See points 8 to 13 of the reasons).
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Keywords
Main request: added subject-matter (no); extension of protection
(no); sufficiency of disclosure (yes); novelty (yes); inventive
step (yes)
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