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Date of decision
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09 August 2007
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Case number
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T 0323/05
- 3.3.01
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Application number
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93203163.6
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Title of the application
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A process for the production of finasteride
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Applicant name
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Merck & Co., Inc.
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Opponent name
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Gedeon Richter Ltd.
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Keywords
Adaptation of the description after a decision to maintain the
patent in amended form - consistent with the amended set of
claims (yes)
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Catchwords:
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Rule 57a EPC establishes a limit to the amendments which can be
made to the patent in suit, namely the amendments must be
occasioned by grounds of opposition specified in Article 100 EPC,
even if the respective ground has not been invoked by the
opponent.
Article 84 and Rule 57a EPC are the two provisions which must
guide the Proprietor of the patent when he is invited by the
Opposition Division to adapt the description. In other words, the
amendments must be appropriate and necessary, and nothing more
(see point 3 of the reasons).
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