9.19.12 Animal testing and human clinical trials

In T 1493/09 the board found that the skilled person seeking to solve the problem formulated (provision of a broadly effective vaccine against HPV, especially providing broad protection against cervical cancer) would have considered not only formulations for immediate use in human clinical trials but also additional animal testing. It took the view that its assessment according to the problem and solution approach applied for the same reasons to claim 1 of auxiliary request 1 (directed to the second medical use of the vaccine composition and including the therapeutic effect "prevention or treatment of a disorder related to HPV infection" as an explicit feature), and concluded accordingly that it too lacked inventive step.