T 0081/84 (Dysmenorrhea) of 15.05.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T008184.19870515
- Date of decision
- 15 May 1987
- Case number
- T 0081/84
- Petition for review of
- -
- Application number
- 80900811.3
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Rorer
- Opponent name
- -
- Board
- 3.3.02
- Headnote
Irrespective of the origin of pain, discomfort or incapacity, its relief, by the administration of an appropriate agent, is to be construed as "therapy" or "therapeutic use" in the sense of Article 52(4) EPC, and must be considered in the light of the decision of the Enlarged Board of Appeal in respect of claims directed to the use of a substance or composition for the manufacture of a medicament for a specified, new and inventive therapeutic application (GR 05/83, "Second medical indication", OJ EPO 3/1985,64).
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973
- Keywords
- Therapy- treatment of pain, discomfort and incapacity
Second medical indication - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the Examining Division for further prosecution on the basis of Claim 1 to 7 submitted with letter dated 4 April 1986.