Admissibility of referral (yes),
Referral for preliminary ruling by European Court of justice (no) - request not admissible, as no power to make such referral under EPC,
Rule 28(c) (formerly 23d(c)) EPC applicable to pending applications filed before it came into force (yes),
Rule 28(c) (formerly 23d(c)) EPC intra vires Article 53(a) EPC and in conformity with TRIPS Article 27 (yes),
Exception to patentability of Rule 28(c) (formerly 23d(c)) EPC applicable where claimed product could be prepared exclusively by method necessarily involving the destruction of embryos even if method is not explicitly part of claims (yes),
In assessing the exception to patentability of Rule 28(c) (formerly 23d(c)) EPC technical developments after date of filing not of relevance