T 0151/95 (Microspheres/BIOMATERIALS UNIVERSE, INC.) of 18.06.1998

European Case Law Identifier: ECLI:EP:BA:1998:T015195.19980618
Date of decision: 18 June 1998
Case number: T 0151/95
Petition for review of: -
Application number: 89103091.8
IPC class: A61K 9/16
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: Polylactic acid type microspheres containing physiologically active substance and process for preparing the same
Applicant name: Biomaterials Universe, Inc.
Opponent name: Boehringer Mannheim GmbH
Hoechst AG
Board: 3.3.02
Headnote: -
Relevant legal provisions: European Patent Convention Art 114(1) 1973 European Patent Convention Art 114(2) 1973 European Patent Convention Art 52(1) 1973 European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 83 1973
Keywords: Novelty: yes
claim distinguished by the physical structure of the product from the prior art
Inventive step: yes, microspheres having a water soluble active substance incorporated into the polylactic acid matrix in a molecularly dispersed state not obviously derivable from the state of the art
Catchword: -
Cited cases: G 0009/91 G 0010/91 G 0004/95 T 0205/83 T 0258/84 T 0273/84 T 0534/89 T 1002/92 T 0085/93
Citing cases: -

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 as amended in the following version:

Claims: 1 to 5 as submitted during the oral proceedings

Description: as granted with the amendments as filed with letter dated 12 May 1998.