Did I miss your report [no ... I did] on the recent EPO Board of Appeal decision T-1063/06, which for the first time explicitly rejects reach-through claims?
If you haven't seen it yet, take a look [I did]. It is in German but don't let that put you off [I didn't]. It's a good one".
"1 Use of compounds for production of pharmaceuticals for treatment of cardiovascular diseases like Angina pectoris, ischaemia, and cardiac insufficiency, the compounds being able to stimulate soluble Guanylatcyclase independent of a haem group present in the enzyme."Adds Axel (to whom the IPKat is immensely grateful),
"As far I have browsed and/or understood the decision, the applicant has actually expended very little effort in indicating which compounds might in actually fall withn this claim, in terms of the intended effect. Hence, the Board argues, the skilled expert would, having read the patent, still need to do a complete research programme in order to find that out.
It appears to be a case of bad claim drafting: The wording merely appears to reflect the fantasy of an employee at Bayer Schering Pharma Aktiengesellschaft, desperately eager to cover each and every solution to the objective of stimulating some enzyme but who has no idea as to which compounds in particular might be suitable to do so the trick. They have tried to 'cheat' the patent system: without having done the real work -- researching compounds which are suitable -- theyhave just stated an open objective, dressed as a reach-through claim. The Board recognised this very clearly and therefore smashed the application".