Patent on "Breast Cancer Gene 2" patent maintained in amended form after public hearing

Munich, 29 June 2005

An opposition division of the European Patent Office (EPO) has decided that European patent EP 785216 is to be maintained in amended form.

Following a public hearing involving all parties to opposition proceedings against the patent, the opposition division competent in the case - a panel consisting of three patent examiners - has concluded that the contested patent can be maintained in amended form.

The patent claim now relates to the use of a particular nucleic acid carrying a mutation of the BRCA 2-gene which is associated with a predisposition to breast cancer for in vitro-diagnosing of such a predisposition in Ashkenazi-Jewish women.

The opposing parties to the proceedings are entitled to challenge the opposition division's decision in second-instance proceedings before one of the EPO's technical boards of appeal.

The full reasons for the decision will be set out in writing and published as soon as possible; they will also be made available online and will then be open to consultation at www.epoline.org as part of the EPO's public file inspection service.

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