| European Case Law Identifier: | ECLI:EP:BA:1989:T007787.19890316 | ||||||||
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| Date of decision: | 16 March 1989 | ||||||||
| Case number: | T 0077/87 | ||||||||
| Application number: | 80303804.1 | ||||||||
| IPC class: | C08F 214/08 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | ICI PLC | ||||||||
| Opponent name: | Hüls | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. When it is clear from related contemporaneously available evidence that the literal disclosure of a document is erroneous and does not represent the intended technical results, such an erroneous disclosure should not be considered as part of the state of the art under Article 54 EPC. 2. When a published abstract contains a cross-reference to its original document which is contemporaneously available, and the literal disclosure of the abstract is inconsistent with the disclosure of the original document, the abstract should be interpreted by reference to the original document for the purpose of ascertaining the technical reality of what has been disclosed. If it is then clear that the disclosure in the abstract is erroneous, such erroneous disclosure should not be considered as part of the state of the art. |
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| Keywords: | Erroneous abstract Novelty (yes) Erroneous disclosure not regarded as novelty-destroying |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870077ex1.html
Date retrieved: 17 May 2021
18 references found.
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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)