T 1873/06 (Optimized drug delivery/OPTIMATA) of 13.09.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T187306.20070913
- Date of decision
- 13 September 2007
- Case number
- T 1873/06
- Petition for review of
- -
- Application number
- 01943736.7
- IPC class
- A61K 45/06A61P 43/00
- 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
- System and methods for optimized drug delivery and progression of diseased and normal cells
- Applicant name
- Optimata Ltd.
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(2) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 84 1973European Patent Convention R 45 1973
- Keywords
- Mathematical method (no)
Presentation of information (no)
Diagnostic method (no)
Additional search - remittal (yes) - Catchword
- If an application for which no search has been carried out, inter alia for lack of clarity of the claims, has been refused for the same reason, a board of appeal need only examine whether the claims fail to comply with the clarity requirement of Article 84 EPC to such an extent that it is not possible to carry out a meaningful search (reasons, point 4.2).
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 for further prosecution.