T 1127/06 (Beta-Amyloid Peptide/ELAN) of 13.08.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T112706.20080813
- Date of decision
- 13 August 2008
- Case number
- T 1127/06
- Petition for review of
- -
- Application number
- 94931873.7
- IPC class
- C12Q 1/68
- 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
- Methods of screening for beta-amyloid peptide production inhibitors
- Applicant name
- ELAN PHARMACEUTICALS, INC., et al.
- Opponent name
- Glaxo Group Ltd.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3)European Patent Convention Art 56 1973European Patent Convention Art 87(4) 1973
- Keywords
- Main request - inventive step (no)
First auxiliary request - priority, novelty, inventive step (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 2168/11
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 on the basis of the following documents:
Claims: 1 to 8, filed with letter of 8 February 2007 as first auxiliary request;
Description: pages 2, 3, 5 to 9, 13, filed during
the oral proceedings before the Opposition Division on 22 February 2007,
page 4 as filed during the oral proceedings before the Board,
pages 10 to 12, 14 to 19 of the patent specification;
Figures: 1 - 9 of the patent specification.