Sequence analysis/MEDICAL BIOSYSTEMS, European Patent Office (EPO Board of Appeal), 23 March 2009

When the transitional provisions for EPC 2000 are silent, the Board has to establish which legal text is applicable. In that case the Board has to take into account that it is undesirable to use both different versions of the EPC over a prolonged period of time and that there is no indication that the parallel use of new and old versions of EPC articles covering appeal proceedings, is intended.

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