T 0046/20 (Lyophilized preparation of botulinum toxin / MEDY-TOX) of 06.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T004620.20220406
- Date of decision
- 6 April 2022
- Case number
- T 0046/20
- Online on
- 25 April 2022
- Petition for review of
- -
- Application number
- 12765216.2
- 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
- LYOPHILIZED PREPARATION OF BOTULINUM TOXIN
- Applicant name
- Medy-Tox Inc.
- Opponent name
- IPSEN PHARMA S.A.S.
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Sufficiency of disclosure - (yes)
Novelty - (yes)
Inventive step - (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
The decision under appeal is set aside.
The case is remitted to the opposition division with the order to maintain the patent on the basis of the claims of the new main request which was filed as auxiliary request 6 with the reply to the statement setting out the grounds of appeal, and a description to be adapted thereto.