European Patent Office

T 1286/05 (Use of a Lipophilic surfactant/R.P. SCHERER TECHNOLOGIES, INC.) of 01.04.2008

European Case Law Identifier
ECLI:EP:BA:2008:T128605.20080401
Date of decision
1 April 2008
Case number
T 1286/05
Petition for review of
-
Application number
95911394.5
IPC class
A61K 9/48
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
-
Application title
Use of a lipophilic surfactant in a pharmaceutical composition
Applicant name
R.P. Scherer Technologies, Inc.
Opponent name
LTP Lipid Technologies Provider AB
Board
3.3.02
Headnote
-
Keywords
Main, second and fourth auxiliary requests: novelty (no)
First and third auxiliary requests: allowability of amendments (no) - no basis for the disclaimer in the original application
Catchword
If a claim drawn up as a "Swiss-type" claim relates defacto to a further non-therapeutic use, the feature defining the non-therapeutic use is of a merely illustrative character and, as a consequence, not suitable for establishing novelty.

ORDER

For these reasons it is decided that:

The appeal is dismissed.