European Patent Office

T 1426/23 of 18.09.2025

European Case Law Identifier
ECLI:EP:BA:2025:T142623.20250918
Date of decision
18 September 2025
Case number
T 1426/23
Online on
27 November 2025
Petition for review of
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Application number
16879990.6
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
FENFLURAMINE COMPOSITIONS AND METHODS OF PREPARING THE SAME
Applicant name
Zogenix International Limited
Opponent name
OLON S.p.A.
Kraus & Lederer PartGmbB
Board
3.3.02
Headnote
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Relevant legal provisions
European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(2)
Keywords
Inventive step
Amendment after notification of the board's communication under Article 15(1) RPBA
Catchword
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Cited cases
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Citing cases
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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 with the following claims and a description and drawings possibly to be adapted thereto: claims 1 to 11 of auxiliary request 4b, filed as auxiliary request 13 with the letter dated 16 June 2025.