1. In accordance with the principles in G 5/83 and subsequent
case law, the concept of second or further medical use can only
be applied to claims to the use of substances or compositions
(here, liposome compositions) for the preparation of a
medicament intended for use in a method referred to in Article
52(4) EPC. (See Reasons, paragraph 8.1)
2. The concept of "therapy" or "therapeutic application"
includes treatment of a particular illness or disease with a
specified chemical substance or composition in a specified human
or animal subject in need of such treatment. In the absence of
the identification of at least (i) the illness or disease to be
treated or the ailment to be cured or (ii) the nature of the
therapeutic compound used for treating or curing the disease or
(iii) the subject to be treated, a mere process feature cannot
be construed as specifying a particular method of treatment or
therapeutic application within the meaning of Article 52 (4)
EPC. (See Reasons, paragraphs 8.1 and 8.2)
3. Unless a proven substantial Procedural violation relating to
one or more issues in the first instance proceedings (here,
violations alleged in relation to two issues, neither
established) is so serious that the case must be remitted to the
first instance with the effect that the whole decision under
appeal is overruled, reimbursement of the appeal fee would not
be equitable under rule 67 EPC if the appellant had no choice
but tu appeal on other issues unaffected by an procedural
irregularity (here, seven such issues). thus giving the
appellant a "fee-free" appeal on such issues.(See Reasons,
paragraph 13.3)
