T 1020/03 (Method of administration of IGF-I/GENENTECH INC.) of 29.10.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T102003.20041029
- Date of decision
- 29 October 2004
- Case number
- T 1020/03
- Petition for review of
- -
- Application number
- 96915698.3
- IPC class
- A61K 38/30A61K 38/55
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method of administration of IGF-I
- Applicant name
- GENENTECH, INC.
- Opponent name
- -
- Board
- 3.3.04
- Headnote
Any use to which Article 52(4) EPC first sentence applies in circumstances where the composition has already been suggested for some therapeutic use, allows a second medical use claim to the preparation of the composition for that second medical use, irrespective of in what detail that use was specified, subject to the use being novel and inventive. For the purposes of novelty also under Article 54(5) EPC this depends on whether use for therapy is novel, irrespective of the detail with which the therapy is stated in the claim.
- Relevant legal provisions
- Agreement on Trade-Related Aspects of Intellectual Property Rights Art 1Agreement on Trade-Related Aspects of Intellectual Property Rights Art 2Agreement on Trade-Related Aspects of Intellectual Property Rights Art 28Agreement on Trade-Related Aspects of Intellectual Property Rights Art 3Agreement on Trade-Related Aspects of Intellectual Property Rights Art 30European Patent Convention Art 112 1973European Patent Convention Art 113 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 53 1973European Patent Convention Art 54(4) 1973European Patent Convention Art 54(5) 1973European Patent Convention Art 56 1973European Patent Convention Art 82 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention Art 97(1) 1973
- Keywords
- Article 52(4) EPC complied with (yes) - decisions T 0317/95, T 0056/97, T 0584/97, T 0004/98 and T 0485/99 not followed as conflicting with G 0005/83
Article 54(5) EPC applicable (yes) - decision T 0004/98 not followed - Catchword
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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 main claim request filed on 3 November 1997.