T 1204/06 (Purification of phosphatidylserine/CHEMI) of 08.04.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T120406.20080408
- Date of decision
- 8 April 2008
- Case number
- T 1204/06
- Petition for review of
- -
- Application number
- 01124577.6
- IPC class
- C07F 9/10
- 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
- Purifying process for phosphatidylserine
- Applicant name
- CHEMI S.p.A.
- Opponent name
- Fidia Farmaceutici S.P.A.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2)European Patent Convention R 80
- Keywords
- Admission of late filed documents
Interpretation of the claims - rule out interpretations which do not make technical sense
Novelty and inventive step - yes
Adaptation of the description - only as far as due to amendments in the claims after grant - 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 first instance with the order to maintain the patent as amended in the following version:
- Claims: Nos. 1 to 13 according to the Main Request filed with the letter of 31 March 2008;
- Description: Pages 2 and 6 as granted and pages 3,
4 and 5 as amended during the oral proceedings
before the board of appeal.