European Case Law Identifier: | ECLI:EP:BA:1992:T012988.19920210 | ||||||||
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Date of decision: | 10 February 1992 | ||||||||
Case number: | T 0129/88 | ||||||||
Application number: | 80200517.3 | ||||||||
IPC class: | D01F 6/60 | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | A | ||||||||
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Title of application: | - | ||||||||
Applicant name: | AKZO | ||||||||
Opponent name: | Du Pont de Nemours | ||||||||
Board: | 3.3.03 | ||||||||
Headnote: | 1. Although the European Patent Office has an obligation under Article 114(1) EPC to investigate matters of its own motion, that obligation does not extend as far as investigating an allegation of prior public use, where the party who formerly made that allegation has withdrawn from the proceedings, and it is difficult to establish all the relevant facts without his cooperation. 2. The inclusion in claims of features expressed in terms of having desirable properties in excess of a given lower limit is not inherently objectionable. In particular the scope of a claim may be adequately defined if the number of parameters so expressed has the effect of imposing practical upper limits having regard to the totality of features expressed in the claim (T 487/89 of 17 July 1991 - not published in OJ EPO - followed). 3. The incluslion in a product claim of one or more process features may be permissible if their presence is desirable having regard to the impact of the national laws of one or more Contacting States. (T 150/82, OJ EPO 1984, 309 explained and applied). |
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Keywords: | Limited obligation of the EPO to investigate of its own motion Clarity of claims |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880129ex1.html
Date retrieved: 17 May 2021
20 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)