European Patent Office

T 0223/05 (Tyrosine kinase inhibitors/WARNER-LAMBERT) of 24.04.2007

European Case Law Identifier
ECLI:EP:BA:2007:T022305.20070424
Date of decision
24 April 2007
Case number
T 0223/05
Petition for review of
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Application number
97920213.2
IPC class
C07D 239/94
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
-
Application title
Irreversible inhibitors of tyrosine kinases
Applicant name
Warner-Lambert Company LLC
Opponent name
Wyeth
Board
3.3.01
Headnote
-
Keywords
Main request: Novelty (no) - Article 69 EPC not applicable for distinguishing the claimed subject-matter from the prior art
Auxiliary request I: Amendments - supported by the application as filed (no)
Auxiliary request II: Inventive step (yes) - non obvious solution
Catchword
1. Article 69 EPC and its Protocol on interpretation do not provide a basis for excluding what is literally covered by the terms of a claim (see point 3.5 of the reasons).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance with the order to maintain the patent with the following claims and a description to be adapted: Claims 1-64 of auxiliary request II dated 24 April 2007 received during oral proceedings of 24 April 2007.