Patent infringement date is set by application acceptance, so it can be enforceable retroactively. The only advantage to hurry an EPO response would be to rush to take patent infringers to court. Does a delay extend the number of years the patent is good for? Basically do the 20 yr whatever patent rights begin from application or patent issuance?
The EPO preliminary findings will be the basis of any re-wording response, IMO. From what I have seen it comes down to this.. It has been known that fat derived stem cells can be utilized to "regenerate".. It has also been known that ultrasonic cavitation can release stem cells. The novelty and inventiveness comes in play when the developed process is utilized to significantly increase the number of stem cell viability usable for regenerative purposes..
IMO, EPO is just looking for wording clarity.
I find it very curious that the Australian crew is now using a flow cytometer... Wasn't this supposedly giving false viability reads? I think there may be some inevitability creeping in...