`
`3 EPA/EPO/OEB
`D-80298 Miinchen
`+49 89 2399-0
`523 656 epmu d
`+49 89 2399-4465
`
`*5‘
`TX
`FAX
`
`Europaisches
`Patentamt
`
`European
`Patent Office
`
`Office européen
`des brevets
`
`Generaldirektion 2
`
`Directorate General 2
`
`Direction Générale 2
`
`GRUENENTHAL GMBH
`Zieglerstrasse 6
`52078 Aachen
`ALLEMAGNE
`
`7
`
`Telephone numbers:
`
`I
`Primary Examiner
`(substantive examination)
`Formalities Officer /Assistant
`(Formalities and other matters)
`
`+49 89 2399-8105
`
`+49 89 2399-8031
`
`Application No.
`05 770 026.2 -2103
`
`Applicant
`GRUENENTHAL GMBH
`
`Rel.
`GRA 3111—EP
`
`Date
`14.11.2007
`
`Communication pursuant to Article 96(2) EPC
`
`The examination of the above—identified application has revealed that it does not meet the requirements
`of the European Patent Convention for the reasons enclosed herewith. If the deficiencies indicated are
`not rectified the application may be refused pursuant to Article 97(1) EPC.
`
`You are invited to file your observations and insofar as the deficiencies are such as to be rectifiable, to
`correct the indicated deficiencies within a period
`
`of
`
`4 months
`
`from the notification of this communication, this period being computed in accordance with Rules 78(2)
`and 83(2) and (4) EPC.
`
`One set of amendments to the description, claims and drawings is to be filed within the said period on
`separate sheets (Rule 36(1) EPC).
`
`Failure to comply with this invitation in due time will result in the application being deemed to be
`withdrawn (Article 96(3) EPC).
`
`Gdtz, Gerhard
`Primary Examiner
`for the Examining Division
`
`Enc|osure(s):
`
`2 page/s reasons (Form 2906)
`
`Registered Letter
`EPO Form 2001 07.02CSX
`
`_
`
`RS 1005 - 000001
`
`
`
`9) Bescheid/Protokoll (Anlage)
`
`14.11.2007
`
`Datum
`Date
`Date
`
`Communication/Minutes (Annex)
`
`Notification/Procés-verbaI (Annexe)
`
`Blatt
`Sheet
`Feuille
`
`Anmelde—Nr.:
`Application No.: 0 5 7 7 O
`Demande n°:
`
`O 2 6 . 2
`
`The examination is being carried out on the following application documents:
`
`Description, Pages
`
`1-30
`
`as published
`
`Claims, Numbers
`
`1-16
`
`as published
`
`D1: EP-B-0 693 475 (GRUENENTHAL GMBH) 24 January 1996 (1996-01-24)
`
`1.1
`
`1.2
`
`1.3
`
`It is at present not clear if the compounds as claimed in present claims 1 to 4 and 14
`
`are identical ("Form A") or represent different compounds.
`
`If all claims refer to one single compound (as it can be read from page 1 of the
`
`description) then this compound has to be characterised by all features of claims 1 to
`
`4 (EPC Article 84)
`
`It is not clear if the processes of present claim 5 and claim 11 result in the same
`
`(EPC Article 84).
`compound ("Form A")
`Present claim 16 which is directed to the use of "Form A" refers back to "claims 1 to
`
`14".
`
`However, present claims 5 to 13 relate to a process for preparing "Form A".
`
`Amendments are requested to overcome this deficiency (EPC Article 84).
`
`There are no figures 1 to 8 on file.
`
`Since figure 1
`
`is missing, present claim 3 is so unclear that no examination can be
`
`done (EPC Article 84).
`
`EPO Form 2906 01.91CSX
`
`RS 1005 - 000002
`
`RS 1005 - 000002
`
`
`
`Bescheid/Protokoll (Anlage)
`
`0 ) Datum
`J Date
`
`Date
`
`14.11.2007
`
`Communication/Minutes (Annex)
`
`Blatt
`Sheet
`
`Feuille
`
`2
`
`Notification/Procés-verbaI (Annexe)
`
`Anmelde—Nr.:
`ApplicationNo.:
`
`Demande n°:
`
`770
`
`3.
`
`From the data presented in tables 1 to 4 it appears that "Form A" as mentioned in
`these tables is different from "Form B" which is known from D1.
`
`The subject matter of present claims 1 to 2 , 4 to 16 can thus be regarded as being
`
`novel
`
`(EPC Article 54).
`
`4.
`
`In view of D1, the underlying problem can be defined byte provision of an alternative
`
`form of the known compound (—)—(1 R,2R)—3—(3—dimethylamino—1—ethyl—2—
`
`methylpropyl)—phenol hydrochloride.
`
`The proposed solution is the provision of a "Form A" of this compound.
`
`This solution is to be regarded as representing an obvious measure in the absence of
`
`any evidence that this new form shows any surprising or superior effect over the
`known form.
`
`Such data have to be clearly shown by comparing the features of the claimed
`
`compound with the prior art compound.
`
`Since such an effect is not shown in present application, the subject matter of present
`
`claims 1 to2, 4 to 16 is considered not to be based on an inventive step (EPC Article
`
`56).
`
`EPO Form 2906 01.91CSX
`
`RS 1005 - 000003
`
`RS 1005 - 000003
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