Sunday, November 08, 2015 T 0895/13 Insufficient disclosure for a medicine

The Board, in an opposition appeal, examines the requirements for disclosure of a medicament. It confirms that the principle defined in T 609/02, for a Swiss type of claim, also apply to a further medical use claim defined under Art.54(5) EPC2000. Applying this principle, the Board concludes that the invention is insufficiently disclosed (Art.83 EPC).
In doing so, the Board also makes clear that the assessment of the technical effect provided by the claimed subject-matter was to be made in the context of the assessment of sufficiency of disclosure and not under inventive step as was done by the Opposition Division.