T 0074/03 (Nicotine preparations for transdermal delivery/AVEVA DRUG DELIVERY SYSTEMS) of 10.05.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T007403.20050510
- Date of decision
- 10 May 2005
- Case number
- T 0074/03
- Petition for review of
- -
- Application number
- 88303918.2
- IPC class
- A61K 31/465
- 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
- Method for the treatment of withdrawal symptoms associated with smoking cessation and preparations for use in said method.
- Applicant name
- Aveva Drug Delivery Systems, Inc.
- Opponent name
- LTS Lohmann Therapie-Systeme AG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973
- Keywords
- Admissibility of late filed requests (yes): direct response to objections raised for the first time
Main request and auxiliary requests 1 to 3: novelty (no)
The functional feature in claim 11 cannot serve to delimit the product vis-à-vis known products
Auxiliary request 4: not allowable under Article 84 since the set of claims taken as a whole lacks clarity
Auxiliary request 5: formal requirements met; subject-matter claimed novel vis-à-vis the prior art cited by the appellant (opponent)
Remittal (yes): inventive step not within the framework of the appeal proceedings - 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 for further prosecution on the basis of the 5th auxiliary request.