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)
- Download
- Decision in English
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main request: novelty (yes) - new method of drug administration - inventive step (yes)
- Catchword
- -
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.