7.2.5 Medicament directed to a specific group of patients

T 1491/14 concerned a medicament whose novel feature was that it was directed to a specific group of patients. A lack of sufficiency was alleged on the basis, in particular, that the skilled person was not able to identify the group of patients. Contrary to the opponent's arguments, it was not necessary to measure a physical or chemical parameter to identify the patients. This view was confirmed by the expert declarations (standard practice for a physician to question the patient). The fact that there were no standard questionnaires for this purpose did not create an impasse (anamnesis). While there might sometimes be uncertainty, this amounted to a lack of clarity rather than a lack of sufficiency. As the technical features in question (definition of the patient group) were already present in the claims as granted, and the cause of uncertainty was not the amendment, this issue was not within the scope of the opposition appeal proceedings (see G 3/14).