| European Case Law Identifier: | ECLI:EP:BA:2000:T023396.20000504 | ||||||||
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| Date of decision: | 04 May 2000 | ||||||||
| Case number: | T 0233/96 | ||||||||
| Application number: | 89303960.2 | ||||||||
| IPC class: | A61K 31/70 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | Use of adenosine and its derivatives in diagnosis | ||||||||
| Applicant name: | MEDCO RESEARCH INC | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Novelty (yes): after limitation Inventive step (no): claimed diagnostic application of adenosine obvious in view of its known diagnostic and therapeutic application Second auxiliary request: reference to no novel diagnostic application |
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| Catchwords: |
If the use of a compound was known in the treatment or diagnosis of a disease of a particular group of subjects, the treatment or diagnosis of the same disease with the same compound could nevertheless represent a novel therapeutic or diagnostic application, provided that it is carried out on a new group of subjects which is distinguished from the former by its physiological or pathological status (T 0019/86, T 0893/90). This does not apply, however if the group chosen overlaps with the group previously treated or the choice of the novel group is arbitrary which means that no functional relationship does exist between the particular physiological or pathological status of this group of subjects (here humans who are unable to exercise adequately) and the therapeutic or pharmacological effect achieved. |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t960233eu1.html
Date retrieved: 17 May 2021