T 0529/94 (Blood substitutes/D.LONG) of 09.10.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T052994.19971009
- Date of decision
- 9 October 1997
- Case number
- T 0529/94
- Petition for review of
- -
- Application number
- 87300248.9
- IPC class
- A61K 9/10
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fluorocarbon blood substitutes
- Applicant name
- ALLIANCE PHARMACEUTICAL CORP.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention R 67 1973European Patent Convention R 86(3) 1973
- Keywords
- Amendments (yes) - late submitted amendments disclosed in the filed application
Procedural violation (no) - sufficient reasons to exercise the discretion provided for by Rule 86(3)
Second oral proceedings correctly denied - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
The case is remitted to the department of first instance with the order to grant a patent with the following claims and description:
claims 1 to 23 for all the contracting states except AT and ES, filed on 14 June 1993, and claims 1 to 23 for the contracting states AT and ES, filed on 14 June 1993, with claims 3 and 4 of both sets as amended with the appellants' letter of 11 April 1997 and resubmitted in their entirety by telefax of 15. September 1997; description: pages 1 to 16 as set out in the communication under Rule 51(4) EPC dated 8 June 1993.
2. The request for reimbursement of the appeal fee is refused.