T 0043/00 ("Pharmaceutical preparations/AKZO) of 09.05.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T004300.20030509
- Date of decision
- 9 May 2003
- Case number
- T 0043/00
- Petition for review of
- -
- Application number
- 92103963.2
- IPC class
- A61K 9/20
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Low dose dry pharmaceutical preparations
- Applicant name
- Akzo Nobel N.V.
- Opponent name
- Jenapharm GmbH & Co. KG
Meggle GmbH
Schering AG - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52 1973European Patent Convention Art 54 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973European Patent Convention R 71(2) 1973
- Keywords
- Main request: novelty (no) - prior use adequately substantiated by evidence: prejudicial to the novelty of claim 5 as granted
First and second auxiliary requests: admissible and allowable
Remittal to the first instance for further prosecution: prior use represents highly relevant state of the art not considered by the first instance - case different from that on which the first instance's decision was based - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.