T 0694/16 of 15.05.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T069416.20190515
- Date of decision
- 15 May 2019
- Case number
- T 0694/16
- Petition for review of
- -
- Application number
- 08766831.5
- 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
- FOOD COMPOSITION FOR PRODROMAL DEMENTIA PATIENTS
- Applicant name
- N.V. Nutricia
- Opponent name
- Fresenius Kabi Deutschland GmbH
Nestec S.A. - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 54(5)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request: sufficiency of disclosure (no)
Auxiliary request 4: added matter (no), sufficiency of disclosure (yes), novelty (yes), priority right (yes) - Catchword
- If a claim is directed to a known compound or composition for use in a therapeutic method of treatment or prevention of a disease, and the claim specifies that the subject to be treated displays a clearly defined and detectable marker, which is not displayed by all subjects affected by or likely to develop that disease, then the purposive selection of the patients displaying the marker for the specified treatment is a functional feature characterising the claim. (Points 5.1-5.21 of the Reasons)
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 upon the basis of auxiliary request 4 filed under cover of a letter dated 6 June 2016.