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)
- Download
- Decision in English
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56 1973European Patent Convention Art 76 1973
- 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.