T 0139/85 vom 23.12.1986

ORDER

For these reasons, it is decided that:

1. The impugned decision is set aside.

2. The case is remitted to the first instance with an order to grant a patent on the basis of the following documents:

- set of claims for Contracting States other than Austria: Claims 1 to 13 submitted 26 April 1985, subject to correction of the spelling of "pharmaceutical" in line 1 of Claim 1 and of "diiodohydroxyquin" in line 3 of Claim 5; Claims 14 and 15 submitted 18 November 1986, subject to correction of "compounds" in line 3 of Claim 15, to read "components";

- set of Claims for Austria: Claims 1 to 12 submitted 26 April 1985, subject to correction of "quinochrine" in line 3 of Claim 11 to read "the quinoline derivative";

- Description: pages 1, 3, 4 and 6 to 12 submitted 26 April 1985;

pages 2 and 5 submitted 18 November 1986, subject to deletion from the reaction scheme on page 2 of "(8,11,14-eicosatrienoic acid)" and transfer to the site thereof of the term "dihomo-gamma-linolenic acid (DGLA)" from the preceding line.

3. Reimbursement of the appeal fee is refused.