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Date of decision
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17 August 2000
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Case number
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T 1071/97
- 3.3.2
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Application number
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90305744.6
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Title of the application
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Adjuvant formulation comprising a submicron oil droplet emulsion
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Applicant name
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CHIRON CORPORATION
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Opponent name
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SmithKline Beecham Biologicals SA
Akzo Nobel N.V.
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Keywords
Third and fourth auxiliary requests: admissibility (no),
late-filed, fresh cases; first auxiliary request: allowability
(no): disclaimer contravenes Article 123(2) EPC
Main and second auxiliary requests: novelty (yes):
subject-matter of the claims not directly and unambiguously
derivable from the cited state of the art; inventive step (no):
replacement of the emulsifying agent in the closest vaccines by
different known emulsifying agents obvious; sufficiency (yes):
the same level of skill has to be applied to the question of
inventive step and sufficiency of disclosure, no evidence
provided to support allegation of insufficiency
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