T 0290/10 (imidazoquinoline amines/3M) of 21.07.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T029010.20140721
- Date of decision
- 21 July 2014
- Case number
- T 0290/10
- Petition for review of
- -
- Application number
- 97946484.9
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- IMMUNE RESPONSE MODIFIER COMPOUNDS FOR TREATMENT OF TH2 MEDIATED AND RELATED DISEASES
- Applicant name
- MINNESOTA MINING AND MANUFACTURING COMPANY
- Opponent name
- Telormedix SA
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b)European Patent Convention Art 100(b) 1973
- Keywords
- Request for decision in written proceedings - refused
Submissions and documents alleged to be late filed- filed within the extended time period
Earliest priority claimed - not valid for the claims of all requests
Main request, first and second auxiliary requests: inventive step (no) - obvious application of a known drug for its known purpose
Third auxiliary request: inventive step (yes) - 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
with the order to maintain the patent in amended form on the basis of the following documents:
Description pages:
2, 4 to 7 and 9 to 14, filed during oral proceedings on 10 November 2009 before the opposition division, and
3, filed with letter dated 26 April 2010;
Claims:
1 to 5 according to the third auxiliary request, filed with letter dated 26 April 2010.