T 1400/05 of 21.09.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T140005.20060921
- Date of decision
- 21 September 2006
- Case number
- T 1400/05
- Online on
- 15 November 2006
- Petition for review of
- -
- Application number
- 02750541.1
- IPC class
- B65D 83/14
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Inhaler with means for improving chemical stability of medicinal aerosol solution contained therein
- Applicant name
- CHIESI FARMACEUTICI S.p.A.
- Opponent name
- -
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - (yes after amendment)
- Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to grant a patent with the following documents:
Claims: 1 to 8 as filed during the oral proceedings;
Description: pages 2 to 8, 12, and 16 to 20 as originally filed, and
pages 1, 9, 10, 11, 13 to 15, and 21 as filed during the oral proceedings;
Drawings: figures 1A, 1B as originally filed, and
figures 2 and 3 as filed during the oral proceedings.