T 0469/94 (Perception of fatigue/MIT) of 01.07.1997

European Case Law Identifier: ECLI:EP:BA:1997:T046994.19970701
Date of decision: 1 July 1997
Case number: T 0469/94
Petition for review of: -
Application number: 86113026.8
IPC class: A61K 31/14
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: The use of choline or choline releasing compounds in the production of pharmacological compositions capable of reducing fatigue
Applicant name: MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Opponent name: -
Board: 3.3.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 52(4) 1973 European Patent Convention Art 54 1973
Keywords: Non-therapeutic treatment of the human body (yes)
Novelty (yes): new and distinguishable non-therapeutic application of choline
Invention step (yes): not suggested effect
Patentable inventions - medical methods - medical character of the excluded methods
Novelty of use - second (further) non-medical indications - first use known in the therapeutic field - new technical application
Catchword: -
Cited cases: G 0002/88 T 0081/84 T 0290/86 T 0780/89 T 0655/94
Citing cases: T 0708/02 T 0767/12 T 0158/13

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance with the order to grant a patent with the following claims and a description to be adapted:

claims 1 to 3 according to the main request.