T 0462/06 (Benzopyrancarboxylic acid/MERCK) of 01.07.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T046206.20090701
- Date of decision
- 1 July 2009
- Case number
- T 0462/06
- Petition for review of
- -
- Application number
- 01997102.7
- IPC class
- A61K 31/335
- 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
- Benzopyrancarboxylic acid derivatives for the treatment of diabetes and lipid disorders
- Applicant name
- Merck & Co., Inc.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 82 1973European Patent Convention R 116European Patent Convention R 67 1973European Patent Convention R 68(2) 1973Rules of procedure of the Boards of Appeal Art 15(3)Rules of procedure of the Boards of Appeal Art 15(6)
- Keywords
- Unity of invention (yes)
Substantial procedural violation (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of the first instance for further prosecution of the substantive examination on the basis of claims 1-34 as originally
filed and 35-39 as filed with letter of 23 April 2003.
3. The request of reimbursement of the appeal fee is
rejected