T 0853/94 (Benanomicin A/ZAIDAN) of 02.11.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T085394.19981102
- Date of decision
- 2 November 1998
- Case number
- T 0853/94
- Petition for review of
- -
- Application number
- 89402315.9
- IPC class
- A61K 31/71
- 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
- Pharmaceutical composition for inhibiting infection with virus causative of acquired human immunodeficiency syndrome
- Applicant name
- Zaidan Hojin Biseibutsu Kagaku Kenkyu Kai
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 167(2)(a) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 54(4) 1973European Patent Convention Art 54(5) 1973European Patent Convention Art 56 1973
- Keywords
- Novelty and inventive step: yes, claims restricted during appeal proceedings
Second medical use: no difference in substance between claims directed to the use of benanomicin A for the manufacture of a medicament for a new therapeutic application and claims directed to a process for the manufacture of the medicament for that new application using benanomicin A as an active ingredient - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision of the Examining Division is set aside.
2. The case is remitted to the departement of the first instance with the order that a patent be granted on the basis of the following documents:
(i) Claims 1 and 2 for all designated contracting states other than Spain as submitted on 27 May 1998;
(ii) Claims 1 and 2 for the contracting state Spain as submitted on 29 October 1998;
(iii) Description: pages 2 to 7, 9 to 28, as submitted on 11 October 1994; pages 1, 8, as submitted on 29. October 1998.