T 0282/12 (Coated tablets /JOHNSON & JOHNSON) of 09.11.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T028212.20171109
- Date of decision
- 9 November 2017
- Case number
- T 0282/12
- Petition for review of
- -
- Application number
- 05722417.2
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Rapidly disintegrating gelatinous coated tablets
- Applicant name
- Johnson & Johnson Consumer Inc.
- Opponent name
- Pfizer Inc.
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1)European Patent Convention Art 87(1)
- Keywords
- Priority - priority claimed from an application which is not the first application
Priority - partial priority
Appeal decision - remittal to the department of first instance (yes) - Catchword
- For reasons of consistency, the rationale of decision G 1/15 (concept of partial priority) must also apply in the context of deciding whether an application from which priority is claimed is the first application within the meaning of
Article 87(1) EPC. Indeed, just as a priority application and a patent claiming priority therefrom may partially relate to the same invention, the priority application and an earlier application filed by the same applicant may also partially relate to the same invention. In that case, the priority application would be the first application in respect of only that part of the invention which is not the same as in the earlier application (see points 2.1 to 2.7).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the opposition division for further prosecution.