W 0005/91 of 10.09.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:W000591.19910910
- Date of decision
- 10 September 1991
- Case number
- W 0005/91
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 40(1)Patent Cooperation Treaty R 40(2)(c)
- Keywords
- Unity of invention (no - subsequent different medical indications) (yes - second medical indication for compounds of a general formula and first medical indication (product claim) for compounds of a more restricted formula)
- Catchword
- There is a prima facie unity of invention between a claim to the use of chemicalcompounds defined by a general formula (second medical indication) and a productclaim relation to a more restricted group of compounds falling within the said general formula (first medical indication).
- Cited cases
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- Citing cases
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ORDER
For these reasons, it is decided that:
Reimbursement of one of the additional fees to the Applicant is ordered.