T 0891/96 (Sustained release excipient/MENDELL) of 13.06.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T089196.20010613
- Date of decision
- 13 June 2001
- Case number
- T 0891/96
- Petition for review of
- -
- Application number
- 89309518.2
- IPC class
- A61K 9/22
- 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
- Directly compressible sustained release excipient
- Applicant name
- Edward Mendell Co., Inc.
- Opponent name
- The Boots Company PLC
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Decision against the party absent during oral proceedings: no violation of Article 113(1) EPC: Novelty: yes, proper selection; Inventive step: yes, after limitation
- Catchword
- -
- 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 department of first instance with the order to maintain the patent as amended with the claims in the respondent's request filed during the oral proceedings on 13 June 2001 and any adaptation of the description considered necessary by the opposition division.