T 0173/95 (Double-matrix formulation/ETHICAL PHARMACEUTICALS) of 16.09.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T017395.19980916
- Date of decision
- 16 September 1998
- Case number
- T 0173/95
- Online on
- 14 October 1998
- Petition for review of
- -
- Application number
- 87301231.4
- 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
- Slow release formulation
- Applicant name
- Ethical Pharmaceuticals Limited
- Opponent name
- Napp Laboratories Ltd.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention Art 56 1973
- Keywords
- Sufficiency of disclosure (yes) - improved effect not a feature of the claim
Inventive step (yes) - comparative tests - Catchword
- -
- Cited cases
- -
- 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 in the version as maintained in the decision under appeal, the set of claims for AT, ES and GR being replaced by the set submitted during the oral proceedings.