T 0019/86 (Pigs II) of 15.10.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T001986.19871015
- Date of decision
- 15 October 1987
- Case number
- T 0019/86
- Online on
- 20 October 1987
- Petition for review of
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- Application number
- 82200705.0
- IPC class
- A61K 39/245
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Duphar
- Opponent name
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- Board
- 3.3.01
- Headnote
1. Both prophylactic and curative treatments of disease are within the meaning of the word "therapy" as used in Article 52(4) EPC.
2.The therapeutic application of a vaccine, which is known for treatment of a particular class of animal (here sero-negative pigs), to a new and different class of the same animal (here sero-positive pigs), is a second medical use within the principle set out in Decision Gr 05/83 (OJ EPO 1985,64) and is therefore patentable if such new use is inventive.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 52(4) 1973European Patent Convention Art 54(5) 1973
- Keywords
- Therapeutic treatment - known application to new class of animals
Further medical use - Catchword
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- Cited cases
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ORDER
11. In the present case, as discussed above, the Board considers that the claimed use of vaccine of live attenuated Aujeszky-virus is new and inventive. Accordingly, Claim 1 of the main request, together with the dependent Claims 2 to 5 are patentable. ...