T 0226/98 (Famotidine/RICHTER GEDEON) of 07.02.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T022698.20010207
- Date of decision
- 7 February 2001
- Case number
- T 0226/98
- Petition for review of
- -
- Application number
- 87306882.9
- IPC class
- C07D 277/48
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Morphologically homogenous forms of famotidine and processes for their preparation
- Applicant name
- RICHTER GEDEON VEGYESZETI GYARR.T.
- Opponent name
- Yamanouchi Pharmaceutical Co.
Ltd - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Main request: clarity (no) - obscurity of delimiting feature
- Catchword
- 1. In a claim related to a product as such (here: famotidine form "B"), the feature "as a pharmaceutical product" for defining a pharmaceutical standard of purity renders said claim unclear in the absence of a generally accepted quantitative definition for the purported standard of purity. Nor can this expression be considered to be a commonly accepted functional feature as no clear definition can be derived therefrom (see point 7.2 of the reasons).
2. As purity standards are likely to change with time for a number of reasons (e.g. new manufacturing process, new or improved analytical tools, change of criteria for obtaining a marketing authorization), it remains obscure what is considered to be the required product quality when defined by the feature "as a pharmaceutical product" (see point 7.3 of the reasons).
ORDER
For these reasons it is decided that:
The appeal is dismissed.