T 0164/83 (Antihistamines) of 17.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T016483.19860717
- Date of decision
- 17 July 1986
- Case number
- T 0164/83
- Petition for review of
- -
- Application number
- 80104372.0
- IPC class
- C07D 473/08
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- EISAI
- Opponent name
- -
- Board
- 3.3.02
- Headnote
1. Technical progress shown in comparison with marketed products as an alleged support for inventive step cannot be a substitute for the demonstration of inventive step with regard to the relevant closest state of the art. (Following T 181/82 "Spiro-Compounds/Ciba- Geigy", OJ 9/1984,401).
2. The possibility of a prohibition of experiments with animals in one Contracting State of the EPC is not a sufficient reason for declining the submission of test results in comparison with the closest state of the art if the inventive step can only be demonstrated in this manner.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step
Quantitative improvement
Technical progress
Comparative tests
Novelty of selection
Experiments with animals - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The impugned decision is set aside.
2. The application is remitted to the Examining Division for further prosecution. The applicant has to submit test results comparing the claimed properties (cf. Claim 7) of the compound described on page 3, lines 19 and 20 of the application with those of Example 38.2 of GB-A-1 889 287 (page 10, lines 24-26) by 31 January 1987. Decision of Technical Board of Appeal 3.3.2 dated 25 September 1986