T 0926/00 (Treatment of autoimmune diseases/SCHERING) of 26.02.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T092600.20040226
- Date of decision
- 26 February 2004
- Case number
- T 0926/00
- Petition for review of
- -
- Application number
- 93923964.6
- IPC class
- A61K 31/70
- 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
- Fludarabine-5' monophosphate for the treatment of autoimmune diseases
- Applicant name
- Schering Aktiengesellschaft
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main request: novelty (yes) - use of fludarabine-5' monophosphate for the treatment of autoimmune diseases not directly and unambigously derivable from the cited state of the art; inventive step (no) - skilled person was provided with several hints and suggestions from the prior art pointing him in the direction of the claimed use: obvious to try
Second, third and fourth auxiliary requests - idem
First auxiliary request - contravention of Article 123(2) EPC - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.