T 1422/12 (Tigecycline crystalline forms/TEVA) of 11.04.2013

European Case Law Identifier: ECLI:EP:BA:2013:T142212.20130411
Date of decision: 11 April 2013
Case number: T 1422/12
Petition for review of: -
Application number: 07776245.8
IPC class: C07C 237/26 C07C 231/24
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: Tigecycline crystalline forms and processes for preparation thereof
Applicant name: TEVA PHARMACEUTICAL INDUSTRIES, LTD.
Opponent name: -
Board: 3.3.10
Headnote: -
Relevant legal provisions: European Patent Convention Art 56
Keywords: Inventive step (yes): (re)formulation of technical problem allowable - any effects may be taken into account, so long as they concern the same field of use and do not change the character of the invention
Specific crystalline form of tigecycline non-obvious over amorphous form in view of the unexpected improvement in stability with respect to epimerisation specific to this type of tetracycline antibiotic
Catchword: -
Cited cases: T 0013/84 T 0440/91 T 0039/93 T 0777/08
Citing cases: T 1759/12 T 0235/13 T 1450/14 T 1894/15 T 2730/16 T 0116/18 T 0205/20

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 grant a patent on the basis of claims 1 to 20 of the main request as filed during the oral proceedings before the Board and a description yet to be adapted.