T 1684/16 of 03.03.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T168416.20200303
- Date of decision
- 3 March 2020
- Case number
- T 1684/16
- Petition for review of
- -
- Application number
- 06774184.3
- IPC class
- A61K 31/4709C07D 215/54
- 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
- CRYSTALLINE FORMS OF 4-[(2,4-DICHLORO-5-METHOXYPHENYL)AMINO]-6-METHOXY-7-[3-(4-METHYL-1-PIPERAZINYL)PROPOXY]-3-QUINOLINECARB-ONITRILE AND METHODS OF PREPARING THE SAME
- Applicant name
- Wyeth LLC
- Opponent name
- Fresenius Kabi Deutschland GmbH
Generics [UK] Ltd (trading as Mylan) - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) (2007)European Patent Convention Art 56 (2007)Rules of procedure of the Boards of Appeal Art 13(1) (2007)Rules of procedure of the Boards of Appeal Art 13(3) (2007)
- Keywords
- Grounds for opposition - amendments
New allegation of facts
Inventive step - Catchword
- The fact that the skilled person is taught in the prior art to investigate polymorphs in order to isolate the crystalline form having the most desirable properties is in itself not necessarily sufficient to consider a specific polymorphic form having a certain desired property obvious (see point 4.3.4 of the Reasons).
- Cited cases
- T 0777/08
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 with the order to maintain the patent with the following claims and a description to be adapted thereto:
claims 1 to 21 of the first auxiliary request, filed with the reply to the statement of grounds of appeal.