T 1075/09 (Treatment of anovulatory women/LABORATOIRES SERONO SA) of 21.10.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T107509.20131021
- Date of decision
- 21 October 2013
- Case number
- T 1075/09
- Petition for review of
- -
- Application number
- 00927534.8
- IPC class
- A61P 15/08A61K 38/24
- 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
- Use of LH administered in mid- or late-follicular phase for the treatment of anovulatory women
- Applicant name
- Laboratoires Serono SA
- Opponent name
- Ferring International Center S.A.
- Board
- 3.3.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 53(c)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request, auxiliary requests 1 to 3: amendments - added matter (yes); exceptions to patentability
Main request, auxiliary requests 1 to 3: amendments - method for treatment by therapy (yes)
Auxiliary request 4: amendments - added matter (yes)
Auxiliary request 5: requirements of the EPC met (yes) - Catchword
- see points 30 to 34
- 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 with the order to maintain the patent on the basis of auxiliary request 5 filed during oral proceedings on 26 September 2013 and a description and figures to be adapted thereto.