T 0739/01 (NSAID for dementia/UNIVERSITY OF BRITISH COLUMBIA) of 06.10.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T073901.20051006
- Date of decision
- 6 October 2005
- Case number
- T 0739/01
- Petition for review of
- -
- Application number
- 92910600.3
- IPC class
- A61K 31/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Use of NSAID in the treatment of dementia
- Applicant name
- University of British Columbia
- Opponent name
- Merck & Co., Inc.
Monsanto Company - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Disclaimer (not accepted): No accidental anticipation
- Catchword
- With respect to the admissibility of disclaimers, it does not matter if the skilled person finds reasons in the relevant prior-art document that make him believe that the particular novelty-destroying embodiment in the context of the citation appears accidental. As long as the document in which this embodiment is set out relates to the same technical field as the alleged invention, the anticipation is related and not remote.
- Cited cases
- G 0001/03
- Citing cases
- T 1911/08
ORDER
For these reasons it is decided that:
The appeal is dismissed.