In this case claims 1 to 4 related to hydrophilic sulphonamide derivatives, claim 5 to their use as a medicament, claim 6 to their use for the preparation of a medicament against certain diseases, claim 7 to pharmaceutical compositions containing these compounds, and claims 8 and 9 to processes for making the compounds.
The Board found the claims to involve an inventive step. It then examined the allowability of the use claim 6:
 Claim 6 is directed to the “Use of a sulfonamide derivative according to any of claims 1-4 for the preparation of a medicament for the treatment of a neuronal disorder selected from ...”. Thus it is in the form of a “Swiss-type claim”.
The Enlarged Board of Appeal has decided that a claim of this type may no longer be used “Where the subject-matter of a claim is rendered novel only by a new therapeutic use ...” (see G 02/08 [7; headnote 3]).
This decision applies only to patent applications having a filing date or earliest priority date of 29 January 2011 or later (see G 02/08 [7.1.4], in combination with the "Notice from the European Patent Office dated 20 September 2010 concerning the non-acceptance of Swiss-type claims...", OJ EPO 10/2010, 514, point 4).
The present application is not affected by this ruling in G 02/08, as it has a priority date of 27 September 2000.
Hence, Swiss-type claim 6 may remain in the present set of claims.
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