T 0827/08 (Lipoxin analogs/THE BRIGHAM AND WOMEN'S HOSPITAL, INC.) of 12.03.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T082708.20100312
- Date of decision
- 12 March 2010
- Case number
- T 0827/08
- Online on
- 7 April 2010
- Petition for review of
- -
- Application number
- 02789515.0
- IPC class
- A61K 31/202
- 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
- Lipoxins and aspirin- triggered lipoxins and their stable analogs in the treatment of asthma and inflammatory airway diseases
- Applicant name
- THE BRIGHAM AND WOMEN'S HOSPITAL, INC.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Main request: admissibility, allowability of amendments, novelty, inventive step - (yes): treament of both airway inflammation and hyper-responsiveness not obvious
- Catchword
- -
- Cited cases
- -
- 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 first instance with the order to grant a patent on the basis of the amended (sole) claim, filed with the letter dated 11 March 2010 and after any necessary consequential amendment of the description.