T 1442/19 of 05.07.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T144219.20220705
- Date of decision
- 5 July 2022
- Case number
- T 1442/19
- Petition for review of
- -
- Application number
- 12167589.6
- 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
- Modulators of pharmacokinetic properties of therapeutics
- Applicant name
- GILEAD SCIENCES, INC.
- Opponent name
- Teva Pharmaceutical Industries Ltd.
Cooke, Richard - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 76(1)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Divisional application - added subject-matter
Inventive step
Late-filed request - submitted with the reply to the statements of grounds of appeal - Catchword
- Extension of subject-matter: selection from an indication of equally preferred items (e.g. formed by several independent claims) disclosed in the application as filed (see point 2.4.1 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 with the order to maintain the patent in amended form with the following claims and a description to be adapted thereto: claims 1 and 2 of auxiliary request 2 filed with the reply to the statements of grounds of appeal.