T 0970/12 (Inhalation formulations of hypertonic solution containing hyaluronic acid/CHIESI FARMACEUTICI) of 22.07.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T097012.20150722
- Date of decision
- 22 July 2015
- Case number
- T 0970/12
- Petition for review of
- -
- Application number
- 09166600.8
- 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
- Antibacterial compositions for the treatment of infections of the upper and lower airways
- Applicant name
- CHIESI FARMACEUTICI S.p.A.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 110European Patent Convention Art 122(1)European Patent Convention Art 52(1)European Patent Convention Art 54(2)European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention R 101(1)European Patent Convention R 136(1)Rules of procedure of the Boards of Appeal Art 15(1)
- Keywords
- Re-establishment of rights (yes)
Admissibility of appeal (yes)
Main request filed at appeal: allowable (yes) - Catchword
- -
- Cited cases
- T 0387/11
Order
For these reasons it is decided that:
1. The appellant is re-established in his rights.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to grant a patent in the following version:
claims:
Nos. 1 to 3 filed as main request during the oral proceedings
description: pages 1 to 3 and 6 as originally filed,
pages 4 and 5 as filed during the oral proceedings