European Patent Office

T 0133/20 (MICROPARTICLES HAVING A SIGMOIDAL RELEASE PROFILE/PHARMATHEN) of 29.07.2022

European Case Law Identifier
ECLI:EP:BA:2022:T013320.20220729
Date of decision
29 July 2022
Case number
T 0133/20
Petition for review of
-
Application number
14733524.4
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
PREPARATION OF POLYLACTIDE-POLYGLYCOLIDE MICROPARTICLES HAVING A SIGMOIDAL RELEASE PROFILE
Applicant name
Pharmathen S.A.
Opponent name
Alkermes Pharma Ireland Limited
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)
Keywords
Sufficiency of disclosure - (yes)
Inventive step - (yes)
Amendment to case - evidence
Amendments - added subject-matter (no)
Claims - support in the description (yes)
Catchword
-
Citing cases
-

Order

For these reasons it is decided that:

1. The appealed decision is set aside.

2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:

Description:

Paragraphs [0001] to [0021] and [0023] to [0057] filed by letter of 23 March 2022

Claims:

No. 1 to 7 in accordance with the auxiliary request filed with the reply to the grounds of appeal

Drawings:

Sheets 1 to 3 of the patent specification.