T 0620/08 (Oxo-pyridine/ENCYSIVE) of 04.05.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T062008.20110504
- Date of decision
- 4 May 2011
- Case number
- T 0620/08
- Petition for review of
- -
- Application number
- 00930450.2
- IPC class
- C07D 405/12
- 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
- Propanoic acid derivatives that inhibit the binding of integrins to their receptors
- Applicant name
- ENCYSIVE PHARMACEUTICALS, INC.
- Opponent name
- Vertex Pharmaceuticals Incorporated
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Admissibility of documents late-filed during opposition proceedings: (yes) partly
Late-filed ground for opposition - considered
Main, first and second auxiliary request: novelty (no) special - meaning of terms used in patent specification considered
Adjournment of oral proceedings (no) - no new issues
Fourth auxiliary request: novelty (yes); inventive step (yes) - oxo-pyridine compounds non-obvious alternative - Catchword
- -
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 on the basis of the fourth auxiliary request filed during the oral proceedings on 4 May 2011:
- Description: - page 8 as filed during the oral
proceedings on 4 May 2011
- pages 3-7 and 9-25 of the patent
specification.
- Claims: Claim 1-9 as filed during the oral
proceedings on 4 May 2011