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Date of decision
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10 May 2005
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Case number
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T 0074/03
- 3.3.2
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Application number
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88303918.2
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Title of the application
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Method for the treatment of withdrawal symptoms associated with
smoking cessation and preparations for use in said method.
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Applicant name
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Aveva Drug Delivery Systems, Inc.
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Opponent name
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LTS Lohmann Therapie-Systeme AG
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Keywords
Admissibility of late filed requests (yes): direct response to
objections raised for the first time
Main request and auxiliary requests 1 to 3: novelty (no)
The functional feature in claim 11 cannot serve to delimit the
product vis-à-vis known products
Auxiliary request 4: not allowable under Article 84 since the
set of claims taken as a whole lacks clarity
Auxiliary request 5: formal requirements met; subject-matter
claimed novel vis-à-vis the prior art cited by the appellant
(opponent)
Remittal (yes): inventive step not within the framework of the
appeal proceedings
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