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
- Petition for review of
- -
- Application number
- 82200705.0
- IPC class
- A61K 39/245
- 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
- Duphar
- Opponent name
- -
- 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 thereforef 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
- Known therapeutic treatment
Application to new class of animals
Further medical use - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The impugned Decision of the Examining Division is set aside.
2. The case is remitted to the Examining Division with the order to grant a patent on the basis of Claims 1 to 5 filed on 11 March 1985, with a description to be adapted accordingly.