T 1074/97 (Rapamycin prodrugs/KANSAS UNIVERSITY) of 20.03.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T107497.20030320
- Date of decision
- 20 March 2003
- Case number
- T 1074/97
- Petition for review of
- -
- Application number
- 91200118.7
- IPC class
- C07D 498/18
- 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
- Prodrugs of rapamycin
- Applicant name
- THE UNIVERSITY OF KANSAS
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 76(1) 1973
- Keywords
- Main request: divisional application - extension beyond the content of the parent application as filed (yes) - deletion of a technical feature
Auxiliary request: unallowable extension (no) - remittal to the first instance - Catchword
- -
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 for further prosecution on the basis of the claims of the third auxiliary request as submitted on 6 August 1997.