T 0998/00 of 02.06.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T099800.20040602
- Date of decision
- 2 June 2004
- Case number
- T 0998/00
- Online on
- 30 June 2004
- Petition for review of
- -
- Application number
- 92907654.5
- IPC class
- A61K 9/14
- 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
- Method of manufacturing solid dispersion
- Applicant name
- NIPPON SHINYAKU COMPANY, LIMITED
- Opponent name
- Ladenburg B.V.
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 123(2) 1973
- Keywords
- Novelty (yes, after amendment)
Clarity (yes)
Inventive step (yes, after amentments) - Catchword
- -
- Cited cases
- -
- 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 first instance with the order to maintain the patent in amended form on the basis of the following documents:
- Claims 1 to 4 according to the second auxiliary request as filed at the oral proceedings;
- description pages 2 and 3 as filed at the oral proceedings, pages 4 to 13 as granted;
- figures as granted.