European Patent Office

T 1107/06 (Botulinum toxins/ALLERGAN.) of 03.12.2008

European Case Law Identifier
ECLI:EP:BA:2008:T110706.20081203
Date of decision
3 December 2008
Case number
T 1107/06
Petition for review of
-
Application number
99203920.6
IPC class
A61K 38/16
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Botulinum toxins for modulating cholinergic controlled secretions
Applicant name
ALLERGAN, INC.
Opponent name
Société de Conseils de Recherches et d'Applications Scientifiques (S.C.R.A.S.)
Board
3.3.04
Headnote
-
Keywords
Main Request: added subject-matter (no); inventive step (no)
First Auxiliary Request: added subject-matter (no): subject-matter of disclaimer originally disclosed; inventive step (yes)
Catchword
A disclaimer does not infringe Article 123(2) EPC if its subject-matter was disclosed as an embodiment of the invention in the application as filed (see points 29-49).

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 first instance with the order to maintain the patent in amended form on the basis of claims 1 to 5 of the 1st Auxiliary Request filed with letter dated 2 January 2008 and pages 2 to 4 of the amended description filed at the oral proceedings.