Monoclonal NGF-antagonist antibodies/LAY LINE, European Patent Office (EPO Board of Appeal), 04 August 2009

Kluwer Patent Blog
August 4, 2009

Please refer to this post as: , ‘Monoclonal NGF-antagonist antibodies/LAY LINE, European Patent Office (EPO Board of Appeal), 04 August 2009’, Kluwer Patent Blog, August 4 2009, http://patentblog.kluweriplaw.com/2009/08/04/monoclonal-ngf-antagonist-antibodieslay-line-european-patent-office-epo-board-of-appeal-04-august-2009/


The Board of Appeal decided that the following applies as regards to sufficiency of disclosure: (1) the skilled person should be able to realise without undue burden substantially any embodiment falling in the ambit of a claim on the basis of the disclosure and/or common general knowledge; (2) the objection of lack of sufficient disclosure presupposes that there are serious doubts, substantiated by verifiable facts; (3) it depends on the evidence available in each case whether or not a claimed invention can be considered as enabled on basis of the disclosure of one worked example; (4) the mere fact that a claim is broad is not in itself a ground for considering the application as not fulfilling the requirements of sufficient disclosure.

The full summary of this case has been published on Kluwer IP Law.