T 0009/81 (Cytostatic Combination) of 25.01.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T000981.19830125
- Date of decision
- 25 January 1983
- Case number
- T 0009/81
- Petition for review of
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- Application number
- 78101583.9
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Asta
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Combined preparations the individual components of which represent known therapeutic agents may be protected in a formulation corresponding to Article 54(5) EPC even when claimed as a kit-of-parts, providing those components form a functional unity (true combination) through a purpose-directed application.
- Relevant legal provisions
- European Patent Convention Art 52 1973European Patent Convention Art 54(5) 1973
- Keywords
- Category of claims
Indication of purpose
Kit-of-parts - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Examining Division of the European Patent Office dated 29 October 1980 is set aside.
2. The case is remitted to the first instance with the order to grant a European patent on the basis of the description and claims filed on 25 January 1983.