T 0188/95 (Tablets/YAMANOUCHI) of 04.12.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T018895.19971204
- Date of decision
- 4 December 1997
- Case number
- T 0188/95
- Petition for review of
- -
- Application number
- 86200589.9
- IPC class
- A61K 31/635
- 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
- Tablets comprising trimethoprim and a sulfonamide
- Applicant name
- YAMANOUCHI EUROPE B.V.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Problem invention (no)
Inventive step (yes)
Procedural violation (no) - Catchword
- -
- Cited cases
- T 0018/81
- 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 grant the patent in the following version:
Claims 1 to 12 for all designated contracting states, Austria excepted;
Claims 1 to 12 for Austria;
both sets of claims as annexed to the decision under appeal;
description pages 2, 3, 5 to 12, as originally filed;
description pages 1 and 4, received during oral proceedings.
3. The request for reimbursement of the appeal fee is refused.