PDL Biopharma - humanized antibodies, European Patent Office (EPO Board of Appeal), 14 October 2009

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This decision of the Board of Appeal covers two questions of interest: 1) May an Opposition Division include an obiter dictum in its decision? (The answer in this case is yes.) 2) To what extent is amendment in the background section of the description allowed in a divisional application?

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

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