T 2354/18 (EZH2 inhibitor/EPIZYME) of 25.04.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:T235418.20230425
- Date of decision
- 25 April 2023
- Case number
- T 2354/18
- Petition for review of
- -
- Application number
- 11824247.8
- 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
- Method for determining the suitability of inhibitors of human EZH2 in treatment
- Applicant name
- Epizyme, Inc.
- Opponent name
- GlaxoSmithKline Intellectual Property (No.2) Limited
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Grounds for opposition - subject-matter extends beyond content of earlier application (yes)
Inventive step - (yes)
Sufficiency of disclosure - (yes) - Catchword
- -
- Cited cases
- G 0001/03
- Citing cases
- -
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 to maintain the patent in amended form with the following claims and a description and drawings possibly to be adapted thereto:
Claims 1 to 5 of auxiliary request 1 filed with the reply to the appeal.