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Date of decision
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29 October 2004
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Case number
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T 1020/03
- 3.3.4
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Application number
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96915698.3
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Title of the application
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Method of administration of IGF-I
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Applicant name
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GENENTECH, INC.
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Headnote
Any use to which Article 52(4) EPC first sentence applies in
circumstances where the composition has already been suggested
for some therapeutic use, allows a second medical use claim to
the preparation of the composition for that second medical use,
irrespective of in what detail that use was specified, subject
to the use being novel and inventive. For the purposes of
novelty also under Article 54(5) EPC this depends on whether use
for therapy is novel, irrespective of the detail with which the
therapy is stated in the claim.
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Keywords
Article 52(4) EPC complied with (yes) - decisions T 0317/95, T
0056/97, T 0584/97, T 0004/98 and T 0485/99 not followed as
conflicting with G 0005/83
Article 54(5) EPC applicable (yes) - decision T 0004/98 not
followed
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