T 1226/07 (5-HT2C receptor agonist for hot flushes/ORGANON) of 25.03.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T122607.20100325
- Date of decision
- 25 March 2010
- Case number
- T 1226/07
- Petition for review of
- -
- Application number
- 01204601.7
- IPC class
- A61K 31/00
- 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
- Use of a 5-HT2C receptor agonist for the treatment of hot flushes
- Applicant name
- N.V. Organon
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(1) 1973European Patent Convention Art 113(2) 1973European Patent Convention R 51(4) 1973European Patent Convention R 67 1973
- Keywords
- Appealable decision (no)
Reimbursement of appeal fee (yes), appeal at the utmost premature - Catchword
- With respect to a communication under Rule 51(4) EPC 1973 dated 13 February 2007 and referring to EPO form 2004 01.06CSX instead of former EPO form 2004 07.02CSX, the board applies decision T 1181/04 of 31 January 2005, OJ EPO 2005, 312. The corresponding statement of T 1181/04 that a communication under Rule 51(4) EPC 1973 (now Rule 71(3) EPC 2000) is not intended to terminate the examination procedure but is rather a preparatory action and is therefore as such not appealable and consequently that an appeal against such a communication is normally to be considered inadmissible is confirmed (see point 1 of the decision).
- Citing cases
- T 1377/15
ORDER
For these reasons it is decided that:
1. The appeal is rejected as inadmissible.
2. The case is remitted to the first instance for further prosecution on the basis of the reply of the applicant.
3. The appeal fee is to be reimbursed.