European Patent Office

T 0211/02 (Tetrahydropteridines/BAILY, et al) of 13.11.2002

European Case Law Identifier
ECLI:EP:BA:2002:T021102.20021113
Date of decision
13 November 2002
Case number
T 0211/02
Petition for review of
-
Application number
93907437.3
IPC class
C07D 475/04
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
Intermediates and a process for synthesis of tetrahydropteridine C6-stereoisomers, including (6S)-tetrahydrofolate and N5-formyl-(6S)-tetrahydrofolate
Applicant name
BAILEY, StevenW., et al
Opponent name
-
Board
3.3.01
Headnote
-
Keywords
Remittal (no) - claim submitted at appeal stage consistutes a fresh case but contains subject-matter objected by the first instance
Clarity (yes) - allowable functional feature
Inventive step (yes) - non-obvious solution of the technical problem
Reimbursement of appeal fee (yes) - substantial procedureal violation
Catchword
-
Citing cases
T 0097/02

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The matter is remitted to the first instance with the order to grant a patent on the basis of Claims 1 to 8 of the request filed at oral proceedings on 13 November 2002 and a description to be adapted.

3. The appeal fee is to be reimbursed.