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Date of decision
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28 October 98
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Case number
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T 0158/96
- 3.3.2
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Application number
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90311797.6
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Title of the application
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A method of treating anxiety-related disorders using sertraline
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Applicant name
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Pfizer Inc.
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Keywords
Novelty (yes): no possibility of deriving the claimed
therapeutic application from the information available that
clinical trials are in progress
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Catchwords:
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The information in a citation that a medicament is undergoing a
clinical phase evaluation for a specific therapeutic application
is not prejudicial to the novelty of a claim directed to the
same therapeutic application of the same medicament if such
information is plausibly contradicted by the circumstances and
if the content of said citation does not allow any conclusion to
be drawn with regard to the actual existence of a therapeutic
effect or any pharmacological effect which directly and
unambiguously underlies the claimed therapeutic application.
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