T 0254/93 (Prevention of skin atrophy) vom 14.05.1997

When a second medical indication is claimed in relation with a constiuent in the preparation of a known composition and the final effect is apparent in using the known composition for the known purpose, a technical problem can be seen neither in the obtention of the final effect nor in the preparation of the composition. The only remaining question could be the explanation of the phenomenon underlying the treatment according to the known process (see reasons pt. 4.4).

The mere explanation of an effect obtained when using a compound in a known composition, even if the effect was not known to be due to this compound in the known composition, cannot confer novelty to a known process if the skilled person was already aware of the occurrence of the desired effect (see reasons pt. 4.8).