T 1009/97 (Oral budesonide/ABO DRACO) of 18.01.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T100997.20010118
- Date of decision
- 18 January 2001
- Case number
- T 1009/97
- Petition for review of
- -
- Application number
- 91900414.3
- IPC class
- A61K 9/22
- 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
- Oral composition for the treatment of inflammatory bowel diseases
- Applicant name
- Aktiebolaget Draco
- Opponent name
- Dr Falk Pharma GmbH
Farmaceutisk Laboraturium Ferring A/S - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114 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 1973
- Keywords
- Admissibility of the opposition of opponent II: yes
Admissibility of late-filed claims and expert declarations: yes
Unproven allegation that the disclosure in the closest state of the art was erroneous or not reliable
Novelty: yes
No implicit disclosure in the state of the art
Inventive step: no
Second or further medical use obvious in view of the known use of budesonide - Catchword
- The question of whether or not a representative, who acted in certain issues concerning the patent in suit for both the proprietor (appellant) and the opponent (respondent), filed the opposition in breach of the rules of professional conduct or mutual contractual obligations is relevant only to the internal relationship between the clients and their representative, and has no bearing on the opposition or opposition appeal proceedings.
ORDER
For these reasons it is decided that:
The appeal is dismissed.