T 1636/06 (Bowel disordres/CENTRE FOR DIGESTIVE DISEASES PTY LTD.) of 16.01.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T163606.20090116
- Date of decision
- 16 January 2009
- Case number
- T 1636/06
- Online on
- 23 January 2009
- Petition for review of
- -
- Application number
- 91918144.6
- IPC class
- A61K 31/60
- 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
- Treatment of non-inflammatory bowel disordres
- Applicant name
- CENTRE FOR DIGESTIVE DISEASES PTY LTD
- Opponent name
- Dr. Falk Pharma GmbH
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Added matter - no: restriction to a preferred embodiment
Novelty - yes: undisclosed technical effect
Inventive step - yes: non obvious property of a known pharmaceutical - 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 maintain the patent in amended form on the basis of claims 1 to 4 filed with letter of 5 June 2008 and a description to be adapted.