T 0445/01 (Adenosine for anesthesia/FUKUNAGA) of 17.11.2005

European Case Law Identifier: ECLI:EP:BA:2005:T044501.20051117
Date of decision: 17 November 2005
Case number: T 0445/01
Petition for review of: -
Application number: 91909913.5
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: Use of Adenosine and Adenosine derivatives for anesthesia
Applicant name: FUKUNAGA, Atsuo F.
Opponent name: ITEM DEVELOPMENT AB
Board: 3.3.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 100(a) 1973 European Patent Convention Art 100(b) 1973 European Patent Convention Art 106 1973 European Patent Convention Art 107 1973 European Patent Convention Art 108 1973 European Patent Convention Art 123(2) 1973 European Patent Convention Art 123(3) 1973 European Patent Convention Art 52(1) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 69(1) 1973 European Patent Convention Art 84 1973 European Patent Convention R 57a 1973 European Patent Convention R 64 1973
Keywords: Admissibility of late-filed request (yes): request filed in response to objections raised for the first time in the pending proceedings
Allowability of the amended claims (yes): requirements of Articles 84 and 123(2) and (3) EPC met
Sufficiency of disclosure (yes): in the absence of any evidence to the contrary, the subject-matter now claimed can be considered to be adequately disclosed
Novelty (yes): new therapeutic application
Inventive step (yes): the new therapeutic application was not obviously derivable from any of the documents cited in the proceedings taken either in isolation or in combination with each other
Catchword: -
Cited cases: G 0005/83 G 0002/88 G 0006/88 T 0201/83 T 0219/83 T 0331/87 T 0728/98
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 with the order to maintain the patent on the basis of the following documents:

- Claims 1 to 5 as filed during the oral proceedings

- Description pages 2 to 6 as granted

- Figures 1 to 4 as granted