| European Case Law Identifier: | ECLI:EP:BA:1997:T025493.19970514 | ||||||||
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| Date of decision: | 14 May 1997 | ||||||||
| Case number: | T 0254/93 | ||||||||
| Application number: | 87309681.2 | ||||||||
| IPC class: | A61K 31/57 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Prevention of glucocorticoid-induced skin atrophy | ||||||||
| Applicant name: | ORTHO PHARMACEUTICAL CORPORATION | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | When a second medical indication is claimed in relation with a constiuent in the preparation of a known composition and the final effect is apparent in using the known composition for the known purpose, a technical problem can be seen neither in the obtention of the final effect nor in the preparation of the composition. The only remaining question could be the explanation of the phenomenon underlying the treatment according to the known process (see reasons pt. 4.4). The mere explanation of an effect obtained when using a compound in a known composition, even if the effect was not known to be due to this compound in the known composition, cannot confer novelty to a known process if the skilled person was already aware of the occurrence of the desired effect (see reasons pt. 4.8). |
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| Keywords: | Novelty (no) Novel use as a technical feature respectively technical effect within the meaning of G 2/88 denied - effects tied up and both apparent from prior use |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t930254ex1.html
Date retrieved: 17 May 2021
28 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)
Case Law Book: I Patentability
XCLR I C 7.2.4.I Discovery of a previously unknown property of a compound underlying the known effect