European Patent Office

T 1911/08 (NMDA/NR2B Antagonists/MERCK SHARP & DOHME) of 31.01.2012

European Case Law Identifier
ECLI:EP:BA:2012:T191108.20120131
Date of decision
31 January 2012
Case number
T 1911/08
Petition for review of
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Application number
02721105.1
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
N-substituted nonaryl-heterocyclic NMDA/NR2B antagonists
Applicant name
Merck Sharp & Dohme Corp.
Opponent name
JANSSEN PHARMACEUTICAL N.V.
Board
3.3.01
Headnote
-
Keywords
Main request and auxiliary requests 1 and 2: amendments (not allowable), disclaimer not accidental anticipation
Auxiliary request 3: added matter (yes), no basis for "in humans
Auxiliary request 4: remittal after amendment
Catchword
-
Citing cases
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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 for further prosecution on the basis of the fourth auxiliary request received during oral proceedings of 31 January 2012.