T 0919/07 (Loratadine/ROLABO) of 13.01.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T091907.20090113
- Date of decision
- 13 January 2009
- Case number
- T 0919/07
- Petition for review of
- -
- Application number
- 98907067.7
- IPC class
- C07D 211/44
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Process for the preparation of 10,11-dihydro-5H-dibenzo[a,d]cyclohept-5-enes and derivatives thereof
- Applicant name
- ROLABO S.L.
- Opponent name
- Medichem S.A.
Schering Corporation - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 87(1) 1973European Patent Convention R 106Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admission of documents alleged to be late filed (yes)
Oral submission of accompanying persons (no) - respective requests in writing did not indicate what such submissions could contribute to the evidence on file
Sufficiency of disclosure (yes) - no evidence to the contrary provided by the opponents
Inventive step (yes) - skilled person would not have carried out the process with a reasonable expectation of success - Catchword
- -
- 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 as amended in the following version:
Description
Pages 2 to 5 received during the oral proceedings on 13 January 2009.
Claims
Claims 1 to 10 received during the oral proceedings on 13 January 2009.