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Date of decision
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06 October 2005
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Case number
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T 0739/01
- 3.3.02
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Application number
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92910600.3
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Title of the application
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Use of NSAID in the treatment of dementia
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Applicant name
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University of British Columbia
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Opponent name
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Merck & Co., Inc.
Monsanto Company
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Keywords
Disclaimer (not accepted): No accidental anticipation
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Catchwords:
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With respect to the admissibility of disclaimers, it does not
matter if the skilled person finds reasons in the relevant
prior—art document that make him believe that the particular
novelty-destroying embodiment in the context of the citation
appears accidental. As long as the document in which this
embodiment is set out relates to the same technical field as the
alleged invention, the anticipation is related and not remote.
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