T 0036/83 (Thenoyl peroxide) of 14.05.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:T003683.19850514
- Date of decision
- 14 May 1985
- Case number
- T 0036/83
- Petition for review of
- -
- Application number
- 79400198.2
- IPC class
- -
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Roussel-Uclaf
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Where a product is shown to have various properties, a right of protection may be accorded for various uses. A product's first use in a method of treatment of the human or animal body by therapy and also its use cosmetically may therefore be claimed in one and the same patent application. The cosmetic indication of a product having medical indications as well does not fall within the scope of Article 52(4) EPC and may be patentable.
- Relevant legal provisions
- European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973European Patent Convention Art 57 1973
- Keywords
- First medical indication
Cosmetic product indication - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that
1. The decision of the Examining Division of the European Patent Office dated 15 October 1982 is set aside.
2. The case is referred back to the first instance with the order that a European patent be granted on the basis of the following documents: Description, pages 3 to 6 as filed, page 1 received on 3 October 1983 page 2 received on 4 May 1984 Claims1 to 10 received on 20 April 1985.