2.2.2 Assessment of an objection according to Article 53(a) EPC

In T 19/90 (OJ 1990, 476), the board expressed the view that in cases, like the one before it, of genetic manipulation of animals by the insertion of an activated oncogene, there were compelling reasons to consider Art. 53(a) EPC 1973. As this had not been done at the level of the first instance, the board remitted the case to the examining division with the instruction to carry out a careful weighing up of the suffering of animals and possible risks to the environment on the one hand, and the invention's usefulness to mankind on the other, before deciding whether to grant or refuse the patent application (see also T 1262/04 of 13 July 2012 date: 2012-07-13).