T 0436/00 of 18.07.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T043600.20010718
- Date of decision
- 18 July 2001
- Case number
- T 0436/00
- Petition for review of
- -
- Application number
- 94923905.7
- IPC class
- A61K 9/70
- 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
- Incorporating poly-N-vinyl amide in a transdermal system
- Applicant name
- Alza Corporation
- Opponent name
- Ortho Pharmaceutical Corp.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113 1973European Patent Convention Art 123 1973European Patent Convention Art 84 1973
- Keywords
- Admissibility: yes - situation comparable to the case where the opposition is withdrawn after revocation of the patent
Main request: no - undisclosed combination of features
First auxiliary request - yes - remittal
Right to be heard: yes - party absent at the oral proceedings sharing the same interests as the patentee - Catchword
- -
- Citing cases
- -
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.