T 0396/09 (Triethylenetetramine dihydrochloride/PHILERA) of 27.02.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T039609.20130227
- Date of decision
- 27 February 2013
- Case number
- T 0396/09
- Petition for review of
- -
- Application number
- 99946470.4
- IPC class
- A61K 31/50A61K 31/655A61K 31/15A61K 31/40A61K 31/195A61K 31/155A61K 31/275A61K 31/44A61K 31/175A61K 31/16
- 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
- Fructosamine oxidase: antagonists and inhibitors
- Applicant name
- PhilERA New Zealand Limited
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Admissibility of the main request and auxiliary request 1 (no)
Clarity and support, auxiliary request 2 (no): term 'acetylated metabolic derivative' not clear
Auxiliary request 3, inventive step (yes), remittal to the first instance - Catchword
- -
- Cited 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 with the order to grant a patent on the basis of the claims according to the third auxiliary request filed with the letter of 26 January 2013, and a description adapted thereto.