T 0254/93 (Prevention of skin atrophy) of 14.05.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T025493.19970514
- Date of decision
- 14 May 1997
- Case number
- T 0254/93
- Petition for review of
- -
- Application number
- 87309681.2
- IPC class
- A61K 31/57
- 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
- Prévention de l'atrophie de la peau induite par les gluco- corticoides
- Applicant name
- ORTHO PHARMACEUTICAL
- Opponent name
- -
- Board
- 3.3.02
- Headnote
When a second medical indication is claimed in relation with a constiuent in the preparation of a known composition and the final effect is apparent in using the known composition for the known purpose, a technical problem can be seen neither in the obtention of the final effect nor in the preparation of the composition. The only remaining question could be the explanation of the phenomenon underlying the treatment according to the known process (see reasons pt. 4.4).
The mere explanation of an effect obtained when using a compound in a known composition, even if the effect was not known to be due to this compound in the known composition, cannot confer novelty to a known process if the skilled person was already aware of the occurrence of the desired effect (see reasons pt. 4.8).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973
- Keywords
- Novelty (no)
Novel use as a technical feature respectively technical effect within the meaning of G 2/88 denied - effects tied up and both apparent from prior use - Catchword
- -
- Citing cases
- G 0002/08T 0892/94T 0532/96T 0576/96T 1073/96T 0319/98T 0717/98T 0966/00T 0486/01T 0836/01T 1269/01T 0708/02T 0384/03T 0503/03T 1020/03T 0509/04T 1127/05T 0406/06T 0534/07T 0734/07T 0286/09T 0605/09T 1955/09T 0433/11T 1539/14T 2251/14T 1385/15T 0177/16T 0779/18T 0687/19T 1863/21T 0867/23W 0018/03W 0023/03
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.
2. The requests for reimbursement of the appeal fee and for referral to the Enlarged Board of Appeal are refused.