6.1 First or further medical use of known products
6.1.5 7.1.5 Dependent claims pursuant to Art. 54(5)
The wording of the dependent claims must clearly reflect their dependency on the independent claim (T 2106/10). A suitable formulation may read:
Substance (X) or |
for use in the therapy of disease Y according to claim # or |
wherein |
other features (e.g. it is provided as water-soluble granulates) |
In the following example, the dependent claim is not correctly formulated according to Art. 54(5).
Claim 1: Composition comprising X for use in the treatment of Y.
Claim 2: Composition according to claim 1, comprising 5 mg X.
The category of claim 2 is unclear and the dependency is doubtful. The claim appears to depend on a claim directed to a product per se.
The claim would also lack novelty over prior art disclosing a composition comprising 5 mg X, or a first medical application thereof.
The claim must be reformulated as indicated above by inserting "for use" between "Composition" and "according". This amendment may be proposed by the examining division in the Rule 71(3) communication without the need to consult the applicant beforehand (see C‑V, 1.1, point (f)).