T 1071/97 (Vaccines/CHIRON) of 17.08.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T107197.20000817
- Date of decision
- 17 August 2000
- Case number
- T 1071/97
- Petition for review of
- -
- Application number
- 90305744.6
- IPC class
- A61K 9/107
- 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
- Adjuvant formulation comprising a submicron oil droplet emulsion
- Applicant name
- CHIRON CORPORATION
- Opponent name
- SmithKline Beecham Biologicals SA
Akzo Nobel N.V. - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111 1973European Patent Convention Art 113 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 125 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Third and fourth auxiliary requests: admissibility (no), late-filed, fresh cases; first auxiliary request: allowability (no): disclaimer contravenes Article 123(2) EPC
Main and second auxiliary requests: novelty (yes): subject-matter of the claims not directly and unambiguously derivable from the cited state of the art; inventive step (no): replacement of the emulsifying agent in the closest vaccines by different known emulsifying agents obvious; sufficiency (yes): the same level of skill has to be applied to the question of inventive step and sufficiency of disclosure, no evidence provided to support allegation of insufficiency - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.