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.

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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 as part of the EPO's public file inspection service.

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