European Patent Office

T 1515/20 (Inhibitor of complement / ALEXION PHARMACEUTICALS) of 21.09.2023

European Case Law Identifier
ECLI:EP:BA:2023:T151520.20230921
Date of decision
21 September 2023
Case number
T 1515/20
Petition for review of
-
Application number
16195355.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
Abstract on EPC2000 R 139
Application title
Treatment of paroxysmal nocturnal hemoglobinuria patients by an inhibitor of complement
Applicant name
Alexion Pharmaceuticals, Inc.
Opponent name
-
Board
3.3.04
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 76(1)European Patent Convention Art 83European Patent Convention R 139Rules of procedure of the Boards of Appeal 2020 Art 012(4)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
Keywords
Added subject-matter (yes) - main request and auxiliary request 4
Admittance (no) - auxiliary requests 1 to 3
Added subject-matter (no), sufficency, novelty inventive step (yes) - auxiliary request 5
Catchword
-
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 examining division with the order to grant a patent in the following form:

- Description:

pages 1 to 55 as filed;

- Claims:

No 1 and 2 of auxiliary request 5 filed with the statement of grounds of appeal;

- Drawings:

sheets 1/4 to 4/4 as filed;

- Sequence listings:

SEQ ID No: 1 to 10 as filed.