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
- -
- Application number
- 97920213.2
- IPC class
- C07D 239/94
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- 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
- -
- Relevant legal provisions
- European 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 64 1973European Patent Convention Art 69 1973European Patent Convention Art 84 1973European Patent Convention R 71(2) 1973
- 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.