T 0158/96 (Obsessive-compulsive-disorder/PFIZER) of 28.10.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T015896.19981028
- Date of decision
- 28 October 1998
- Case number
- T 0158/96
- Petition for review of
- -
- Application number
- 90311797.6
- IPC class
- A61K 31/135
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- A method of treating anxiety-related disorders using sertraline
- Applicant name
- Pfizer Inc.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973
- Keywords
- Novelty (yes): no possibility of deriving the claimed therapeutic application from the information available that clinical trials are in progress
- Catchword
- The information in a citation that a medicament is undergoing a clinical phase evaluation for a specific therapeutic application is not prejudicial to the novelty of a claim directed to the same therapeutic application of the same medicament if such information is plausibly contradicted by the circumstances and if the content of said citation does not allow any conclusion to be drawn with regard to the actual existence of a therapeutic effect or any pharmacological effect which directly and unambiguously underlies the claimed therapeutic application.
- Cited 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 for further prosecution.
3. The reimbursement of the appeal fee is refused.