T 0852/91 (Leukotriene antagonist/ICI AMERICAS) of 06.06.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T085291.19940606
- Date of decision
- 6 June 1994
- Case number
- T 0852/91
- Petition for review of
- -
- Application number
- 86308053.7
- IPC class
- C07D 309/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Medicinal indole and indazole keto sulphone derivatives
- Applicant name
- ICI AMERICAS INC.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes)
Structural similarity of chemical compounds
Existence of common general knowledge regarding equivalency contested - Catchword
- To deny inventive step for novel chemical compunds because of their "structural similarity" to known chemical compounds would be justified, if the skilled person knew, be it from common general knowledge, or from some specific disclosure, that the existing structural differences of the chemical compunds concerned were so small that they would have no essential bearing on those properties which are important for solving the technical problem underlying the invention (No. 8.2)
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division with the order to grant a patent with the two sets of claims submitted on 16 May 1994, after appropriate adaptation of the description.