T 0308/99 (Hyaluronan/BIOMATRIX) of 02.06.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T030899.20030602
- Date of decision
- 2 June 2003
- Case number
- T 0308/99
- Petition for review of
- -
- Application number
- 86306046.3
- IPC class
- A61K 47/36
- 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
- Drug delivery systems based on hyaluronan, derivatives thereof and their salts and method of producing same
- Applicant name
- Biomatrix, Inc.
- Opponent name
- Biomatrix Inc.
FIDIA, S.p.A. - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 57a 1973
- Keywords
- Novelty (yes): claimed use reflects a newly discovered technical effect
Inventive step (no): claimed use is based on a thoroughly obvious property of known substances; slightly enhanced effects associated with the claimed use in comparision with substances used in the state of the art emerge from obvious tests - no indication of an inventive step - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal be set aside.
2. The patent be revoked.