European Patent Office

T 0138/95 (Intrapulmonary delivery/GENENTECH INC.) of 12.10.1999

European Case Law Identifier
ECLI:EP:BA:1999:T013895.19991012
Date of decision
12 October 1999
Case number
T 0138/95
Petition for review of
-
Application number
87307276.3
IPC class
A61M 15/00
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Device and dispersion for intrapulmonary delivery of polypeptide growth factors and cytokines
Applicant name
GENENTECH, INC.
Opponent name
Schering Corporation
Board
3.3.04
Headnote
-
Keywords
Main request: novelty (yes) - new method of drug administration - inventive step (yes)
Catchword
-
Citing cases
G 0002/08T 2003/08

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 maintain the patent on the basis of the following documents:

(a) Claims 1 to 17 submitted during oral proceedings as main request;

(b) description: columns 1, 2, 4 to 6, 8 and 9, lines 1 to 16 of the patent as granted; and columns 3 and 7 filed on 18 November 1994.