T 1150/01 (Base for film coating pharmaceuticals/SHIN-ETSU) of 09.10.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T115001.20031009
- Date of decision
- 9 October 2003
- Case number
- T 1150/01
- Online on
- 17 November 2003
- Petition for review of
- -
- Application number
- 91914668.8
- IPC class
- A61K 47/38
- 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
- Coating base for pharmaceutical film and production thereof
- Applicant name
- Shin-Etsu Chemical Co., Ltd.
- Opponent name
- THE DOW CHEMICAL COMPANY
Clariant GmbH - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: novelty of product-by-process claim (no): the claim encompasses known products
First auxiliary request: admissibility (no): too late filed
Second auxiliary request: novelty (yes): none of the cited documents discloses all the process features of the method claim
Inventive step (no): there is no evidence of an improvement achieved by the process features - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.