T 0964/98 (Purines/MERRELL) of 22.01.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T096498.20020122
- Date of decision
- 22 January 2002
- Case number
- T 0964/98
- Petition for review of
- -
- Application number
- 92104089.5
- IPC class
- C07D 473/06
- 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
- Novel 8-substituted purines as selective adenosine receptor agents
- Applicant name
- MERRELL PHARMACEUTICALS INC.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 56 1973European Patent Convention R 88 1973
- Keywords
- Correction of Appellant's name in Notice of Appeal - Yes
Inventive step (yes) - after amendment of claims - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request pursuant to Rule 88 EPC for the Notice of Appeal to read Merrell Pharmaceutical Inc. instead of Hoechst Marion Roussel, Inc. is granted.
3. The case is remitted to the first instance with the order to grant a patent on the basis of claims 1 to 4 filed with letter of 21 September 1998 as "auxiliary Request 3" and a description yet to be adapted.