T 0128/82 (Pyrrolidine-Derivatives) of 12.01.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T012882.19840112
- Date of decision
- 12 January 1984
- Case number
- T 0128/82
- Petition for review of
- -
- Application number
- 79100378.3
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Hoffmann-La Roche
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Where a known compound is for the first time proposed and claimed for use in therapy, the fact that a specific use is disclosed in the specification does not in itself call for a restriction of the purpose-limited product claim to that use.
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973
- Keywords
- First medical indication
- Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Examining Division 005 of 31 March 1982 is set aside.
2. The matter is referred back to the previous instance with the order that a European patent be granted on the basis of claims 1 to 8 as filed on 29 April 1983 and a suitably amended description. In addition "(Chemical Abstracts 63, 16256e (1965) and FR-A-2 294 698)" should be inserted on page 1, line 7 of the specification, and the words "and a pharmaceutically inert excipient" should be added at the end of each of claims 5 to 8.