T 0061/10 of 13.11.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T006110.20131113
- Date of decision
- 13 November 2013
- Case number
- T 0061/10
- Petition for review of
- -
- Application number
- 97950300.0
- IPC class
- A61K 9/00
- 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
- A NITROIMIDAZOLE GEL COMPOSITION
- Applicant name
- Galderma S.A.
- Opponent name
- Dr.August Wolff GmbH & Co. Arzneimittel
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56
- Keywords
- Main request and auxiliary requests 1 and 3, prohibition of reformatio in peius (yes)
Auxiliary request 2, inventive step (no)
Auxiliary request 4, admission into proceedings (no) - Catchword
- In decisions G 1/99, T 1843/09 and T 1979/11 the existence of a causal link between the limiting feature to be deleted and the new situation arising on appeal was a necessary precondition for justifying an exception to the principle of prohibition of
reformatio in peius for reasons of equity. As this precondition is not fulfilled in the present case, a departure from the principle of prohibition of reformatio in peius based on analogies with the cases underlying those decisions is not justified.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside
2. The patent is revoked.