European Patent Office

T 1319/04 (Hyperlipidemia/KOS LIFE SCIENCES, INC.) of 30.12.2010

European Case Law Identifier
ECLI:EP:BA:2010:T131904.20101230
Date of decision
30 December 2010
Case number
T 1319/04
Petition for review of
-
Application number
94306847.8
IPC class
A61K 31/445
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Abstracts for this decision
-
Application title
Nicotinic acid compositions for treating hyperlipidemia
Applicant name
Kos Life Sciences, Inc.
Opponent name
-
Board
3.3.02
Headnote
-
Relevant legal provisions
European Patent Convention Art 54(5)
Keywords
Articles 54(5) does not excluded that a known medicament be patented for use in a different treatment by therapy of the same illness, also where a dosage requirement is the only feature not comprised in the prior art
Catchword
-

ORDER

For these reasons it is decided that:

1. The Examining Division's decision of 25 September 2003 is set aside.

2. The matter is remitted to the department of first instance with the order that a patent be granted on the basis of the main request and a description to be adapted.