T 0155/85 (Passivation of catalyst) of 28.7.1987

European Case Law Identifier: ECLI:EP:BA:1987:T015585.19870728
Date of decision: 28 July 1987
Case number: T 0155/85
Application number: 81102182.3
IPC class: C10G 11/02
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 520 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Phillips Petroleum
Opponent name: -
Board: 3.3.02
Headnote: 1. It is not acceptable to rely on an effect which has previously been described as undesirable and of no value by the applicant, to present the same suddenly as possibly representing an advantage from another point of view, and thereby to imply that the technical problem and the considerations for the inventive step should take this reversal into account. While a redefinition of the technical problem is normally permissible and even necessary on the basis of the comparison of achievements with the closest prior art, this should not contradict earlier statements in the application about the general purpose and character of the invention.
2. Subject-matter falling structurally between two particular embodiments of cited disclosure and displaying, in all relevant respects, effects substantially between those known for the same embodiments, lacks inventive step in the absence of other considerations.
Relevant legal provisions:
European Patent Convention 1973 Art 56
Keywords: Inventive step (no) - effect predictably worsended
Inventive step (no) - intermediary effects
Technical problem - redefinition
Unallowability of reversal of desired effect
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0115/89
T 0800/91
T 0531/04
T 2245/10
T 1477/15

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t850155ex1.html

Date retrieved: 17 May 2021

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