The following questions are referred to the Enlarged Board of
Appeal for decision:
1. Where it is already known to use a particular medicament to
treat a particular illness, can this known medicament be patented
under the provisions of Articles 53(c) and 54(5) EPC 2000 for use
in a different, new and inventive treatment by therapy of the
same illness ?
2. If the answer to question 1 is yes, is such patenting also
possible where the only novel feature of the treatment is a new
and inventive dosage regime ?
3. Are any special considerations applicable when interpreting
and applying Articles 53(c) and 54(5) EPC 2000 ?
