T 0230/01 (Descarboethoxyloratadine/SEPRACOR) of 26.04.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T023001.20050426
- Date of decision
- 26 April 2005
- Case number
- T 0230/01
- Petition for review of
- -
- Application number
- 95943722.9
- IPC class
- A61K 31/44
- 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
- Methods and compositions for treating allergic rhinitis and other disorders using descarboethoxyloratadine
- Applicant name
- Sepracor Inc.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 97(1) 1973
- Keywords
- Main request and auxiliary request (1): novelty (yes) - use of a known medicament for the treatment of a specific allergic condition neither individualised nor specifically disclosed in the state of the art;
Inventive step (no) - a skilled person knowing the prior art had every reason to expect that the medicament would be useful in treating that specific allergic condition
Auxiliary request (2): novelty (yes) - vide supra
Inventive step (yes) - there is no hint or suggestion in the state of the art to treat that allergic condition at dosage levels which are significantly lower than what has been recommended in the state of the art for the treatment of allergic conditions using said known medicament - Catchword
- -
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 grant a patent on the basis of claims 1 to 5 of auxiliary request 2 filed during the oral proceedings, provided the description is correctly adapted.