T 1728/07 (Florfenicol synthesis/SCHERING) of 11.10.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T172807.20101011
- Date of decision
- 11 October 2010
- Case number
- T 1728/07
- Petition for review of
- -
- Application number
- 97938263.7
- IPC class
- C07D 263/28
- 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
- Process for preparing intermediates to florfenicol
- Applicant name
- Schering Corporation
- Opponent name
- KRKA
VIRBAC S.A. - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 139
- Keywords
- Correction of error in formula (allowable)
Sufficiency of disclosure (yes)
Novelty (yes), one-pot reaction
Inventive step (yes), non-obvious combination of features in satisfactory yields
Remittal for adaptation of the description - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside but for the order on the apportionment of costs.
2. The case is remitted to the department of first instance with the order to maintain the patent as amended in the following version:
- claims 1-3 of the main request filed as 1st auxiliary request with the statement of grounds of appeal dated 17 December 2007
- and a description to be adapted accordingly.