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
- -
- Application number
- 02721105.1
- 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
- N-substituted nonaryl-heterocyclic NMDA/NR2B antagonists
- Applicant name
- Merck Sharp & Dohme Corp.
- Opponent name
- JANSSEN PHARMACEUTICAL N.V.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123European Patent Convention Art 54
- 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
- -
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.