T 1399/06 (Use of nicotine in a method of treatment of withdrawal symptoms/AVEVA) of 05.12.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T139906.20071205
- Date of decision
- 5 December 2007
- Case number
- T 1399/06
- Petition for review of
- -
- Application number
- 88303918.2
- IPC class
- A61K 31/465
- 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
- Method for the treatment of withdrawal symptoms associated with smoking cessation and preparations for use in said method
- Applicant name
- Aveva Drug Delivery Systems, Inc.
- Opponent name
- LTS Lohmann Therapie-Systeme AG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2) 1973European Patent Convention Art 56 1973
- Keywords
- Admissibility of the main request and first auxiliary request (no): the introduction of the broader product claims is not justified
Inventive step of second auxiliary request (no): the independent use claims lack an inventive step - Catchword
- -
- Cited cases
- T 0074/03
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.