T 1126/06 (Improved nicotine lozenges/MC NEIL AB) of 02.03.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T112606.20100302
- Date of decision
- 2 March 2010
- Case number
- T 1126/06
- Online on
- 17 March 2010
- Petition for review of
- -
- Application number
- 94923977.6
- IPC class
- A61K 9/00
- 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
- Improved nicotine lozenge and therapeutic method for smoking cessation
- Applicant name
- McNeil AB
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56
- Keywords
- Reformulation of the problem to be solved in the light of comparative tests filed in appeal proceedings
- Catchword
- -
- Cited cases
- -
- Citing cases
- -
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 grant a patent on the basis of claims 1 to 3 of the main request filed on 3 August 2009, and a description still to be adapted thereto.