| European Case Law Identifier: | ECLI:EP:BA:1990:T029086.19901113 | ||||||||
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| Date of decision: | 13 November 1990 | ||||||||
| Case number: | T 0290/86 | ||||||||
| Application number: | 78300055.7 | ||||||||
| IPC class: | A61K 7/16 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | ICI PLC | ||||||||
| Opponent name: | Blendax | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. Whether or not a claimed invention is excluded from patentability under Article 52(4) EPC depends in particular upon the wording of the claim in question. If the claimed invention is not directed solely to a cosmetic effect, but is also necessarily defining a treatment of the human body by therapy as well, such a claim is excluded from patentability (Decision T 144/83 "Appetite suppressant" (OJ EPO 1986, 301) distinguished). 2. What is "made available to the public" by specific detailed examples included in a document is not necessarily limited to the exact details of such specific examples but depends in each case upon the technical teaching which is "made available" to a skilled reader. The amendment of a claim by including a disclaimer to such specific detailed examples may not render the claim novel. 3. When a prior document and a claimed invention are both concerned with a similar treatment of the human body for the same therapeutic purpose (here: prevention of tooth decay), the claimed invention represents a further medical indication as compared to the prior document within the meaning of Decision G 5/83 (OJ EPO 1985, 64) if it is based upon a different technical effect which is both new and inventive over the disclosure of the prior document (here: use of compositions including lanthanum salts to reduce the solubility of tooth enamel cf. use of such compositions to improve the removal of plaque from teeth). |
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| Keywords: | Therapeutic method (yes) Novelty of composition claims with disclaimers of examples (no) Second medical indication novel and inventive |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t860290ex1.html
Date retrieved: 17 May 2021
27 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - G Patentability
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)