T 0080/96 (L-carnitine) of 16.6.1999

European Case Law Identifier: ECLI:EP:BA:1999:T008096.19990616
Date of decision: 16 June 1999
Case number: T 0080/96
Application number: 90125138.9
IPC class: A61K 31/205
Language of proceedings: DE
Distribution: A
Download and more information:
Decision text in EN (PDF, 24 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: Pharmaceutical compositions containing L-carnitine
Applicant name: LONZA AG
Opponent name: SIGMA-TAU INDUSTRIE FARMACEUTICHE REUNITE
Board: 3.3.02
Headnote: I. In the case of an active agent which is known as such to be water-soluble, it is clear to a person skilled in the art that describing and claiming the active agent as a solution does not add to or change the definition of that active agent.
II. Analogously, in a claim directed to a preparation of a known structurally defined active agent with at least one auxiliary substance, in which the feature "with an auxiliary substance or auxiliary substances" means that something is added to the active agent, the admixture of an unspecified auxiliary substance cannot, in view of the unlimited number of substances which may enter into consideration, be deemed a substantive and distinctive addition to the active agent, unless this feature, which is necessary if novelty is to be recognised, is specified in such a way that a person skilled in the art can recognise what it is that should be added to the active agent (see reason No. 4).
Relevant legal provisions:
European Patent Convention 1973 Art 52
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 57
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 84
Keywords: Main and auxiliary requests - formally allowable - industrial applicability of the use of a substance to make a physical form under Article 57 EPC (yes)
Main request - novelty (no) - in the case of a non-defined [auxiliary] substance of unspecified effect, lack of functionality leads to lack of delimitation
Auxiliary request - inventive step (no) - obvious alternative physical form of the known substance
Catchwords:

-

Cited decisions:
G 0001/83
G 0002/88
G 0001/92
T 0279/93
Citing decisions:
T 0591/01
T 1471/16

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t960080ep1.html

Date retrieved: 17 May 2021

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