by Daniel X. Thomas
The patent relates to methods, reagents and kits for assessing the risk or presence of facioscapulohumeral dystrophy (FSHD) in a mammalian subject.
Brief outline of the case
The opponent was a “man of straw” according to G 4/97, OJ 1999, 270. The opposition was filed by firm of patent attorneys.
by Daniel X. Thomas
The patent relates to a feed composition for fish, comprising n-3 fatty acids, for use in the treatment and prevention of some diseases indicated in the claim.
Brief outline of the case
The opponent appealed the rejection of his opposition.
The OD considered that the disclosure was sufficient and the claim drafted as second medical use claim under Art 54(5) was novel and inventive over the available prior art.
by Daniel X. Thomas
The patent relates to a novel polymorphic form (form II) of Rotigotine, which form is useful for the manufacture of a stable medicament for treating or alleviating symptoms .of Parkinson ’s disease and other dopamine-related disorders.
Brief outline of the case
No less than 7 oppositions had been filed.
The patent was revoked and the proprietor appealed.
by Daniel X. Thomas
The application relates to a “Device for reading in particular flexible imaging plates”.
The application is a divisional application from EP 06777020/EP 1 929 763
Brief outline of the case
The application was refused as claim 1 of the sole request did not fulfil the requirements of Art 123(2) and 76(1) and that the subject-matter of claim 1 was not new compared to the disclosure of document D14.
by Daniel X. Thomas
The patent relates to a pharmaceutical composition (edoxaban) useful as an anticoagulant, which comprises a component that is improved in dissolution property.
Brief outline of the case
The patent was maintained by the OD according to a MR.
Both opponents appealed the decision.
The board considered that claim 1 as maintained was novel and inventive,