T 0643/96 (Bioisosterism/BEECHAM) of 14.10.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T064396.19961014
- Date of decision
- 14 October 1996
- Case number
- T 0643/96
- Petition for review of
- -
- Application number
- 88312038.8
- IPC class
- C07D 453/02
- 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
- Azabicyclic compounds, process for their preparation and pharmaceutical compositions containing them
- Applicant name
- BEECHAM GROUP PLC
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step - yes - chemical compounds - no pointer to claimed compounds
- Catchword
- 1. The concept of bioisosterism has to be applied with caution when deciding upon inventive step (No. 4.2.3.3).
2. When deciding upon inventive step in relation to pharmacologically active compounds, what is essential is not whether a particular substructure of a chemical compound is replaced by another known isosteric one, but whether information was available on the impact of such a replacement on the pharmacological activity profile of the specific (group of) compound(s) concerned (No. 4.2.3.5).
ORDER
for these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division with the order to grant a patent on the basis of the following documents:
- Claims 1 to 11 for all the designated contracting states except Spain, as filed by fax on 13. September 1996;
- Claims 1 to 8 for Spain, as filed by fax on 13. September 1996;
- a description to be adapted accordingly.