T 0913/94 (Agent for gastritis/EISAI) of 27.02.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T091394.19980227
- Date of decision
- 27 February 1998
- Case number
- T 0913/94
- Petition for review of
- -
- Application number
- 86108986.0
- IPC class
- A61K 31/12
- 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
- Use of prenyl ketone in the preparation of a medicament against gastritis
- Applicant name
- Eisai Co., Ltd.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (no) - Second therapeutic application obvious from the prior art
- Catchword
- 1. The fact that two distinct diseases have the same origin or are elicited by the same causative factors, is not in itself a reason to deny the inventive merit of the second therapeutic application of a known substance.
2. If the manifestations of the second more serious disease are known to run through the manifestations of the first disease, and this assumption reliably substantiated was not confuted, then the activity of a medicament against the more serious disease would already strongly suggest an effect also against the less serious one.
3. Geranylgeranylacetone is known for the treatment of experimentally induced ulcer; its use for the preparation of a medicament for the treatment of gastritis does not involve any inventive merit. (see reasons 3.) - Cited cases
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- Citing cases
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ORDER
For these reasons it is decided that:
The appeal is dismissed.