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Date of decision
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04 February 99
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Case number
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T 0863/96
- 3.3.2
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Application number
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89903719.6
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Title of the application
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Deprenyl for systemic transdermal administration
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Applicant name
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Somerset Pharmaceuticals, Inc.
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Opponent name
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Hexal-Pharma GmbH & Co. KG
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Keywords
Disclaimer - exclusion of subject-matter from citation - highly
questionable
Novelty - no - same use of the same drug for the same group of
patients treated in the same application route with a drug
having the same pharmaceutical effect
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Catchwords:
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The disclaimer to be formulated on the basis of a disclosure is
only allowable if the cited document containing the said
disclosure has no relevance for any further examination of the
claimed invention and it must then disappear from the prior art
field to be taken into consideration (see point 3 of the Reasons
for the Decision).
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