T 0958/94 (Anti-tumoral agent) of 30.09.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T095894.19960930
- Date of decision
- 30 September 1996
- Case number
- T 0958/94
- Petition for review of
- -
- Application number
- 91904092.3
- IPC class
- A61K 31/72
- Language of proceedings
- French
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in French
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Nouvel agent antitumoral dérivé du dextrane
- Applicant name
- Thérapeutiques substitutives
- Opponent name
- -
- Board
- 3.3.02
- Headnote
A European patent may be granted with claims directed to the use of a substance or composition for the manufacture of a medicament for a specified new and inventive therapeutic application (G 5/83). Such use may be claimed in the form either of the application (or use) of a substance or composition for the manufacture of a medicament or of a process (or method) to manufacture a medicament characterised in the use of said substance.
- Relevant legal provisions
- European Patent Convention Art 167(2)(a) 1973European Patent Convention Art 54(5) 1973European Patent Convention R 67 1973
- Keywords
- Reservations - substantive equivalence of a claim directed to the use of a substance for the manufacture of a medicament and a claim directed to a process for the manufacture of the medicament using the same substance (yes)
Refund of fee for appeal (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the department of first instance with the order to grant a patent with claims as per the main request.
3. The request that the fee for appeal be refunded is refused.