European Patent Office

T 0025/01 (Finasteride/MERCK) of 16.09.2003

European Case Law Identifier
ECLI:EP:BA:2003:T002501.20030916
Date of decision
16 September 2003
Case number
T 0025/01
Petition for review of
-
Application number
93203163.6
IPC class
C07J 73/00
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
A process for the production of finasteride
Applicant name
Merck & Co., Inc.
Opponent name
Gedeon Richter Ltd.
Board
3.3.01
Headnote
-
Keywords
Main request, first and second auxiliary request: extension of the protection conferred (yes)
Third auxiliary request: Claim 1 - novelty and inventive step (yes); Claim 2 - sufficiency of disclosure (yes)
Remittal to the first instance for adapting the description (yes)
Catchword
-
Citing cases
T 0323/05

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 on the basis of the third auxiliary request:

Claim 1 as granted and Claim 2 as submitted at the oral proceedings,

and a description yet to be adapted.