T 0426/88 (Combustion engine) of 9.11.1990

European Case Law Identifier: ECLI:EP:BA:1990:T042688.19901109
Date of decision: 09 November 1990
Case number: T 0426/88
Application number: 81300304.3
IPC class: F02P 5/145
F02D 37/02
Language of proceedings: EN
Distribution:
Download and more information:
Decision text in EN (PDF, 624 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: LUCAS
Opponent name: Robert Bosch GmbH
Board: 3.2.02
Headnote: 1. When books, representing common general knowledge, describe a basic general technical theory or methodology and exemplify the same with specific applications in certain technical fields only, these do not limit the general scope and relevance of such disclosures so as to exclude possible applications in other fields.
2. Furthermore, it is also the view of the Board that the language of publication alone cannot be decisive for the admissibility of a technical book representing the common general knowledge of the skilled person. Otherwise, there would be a differentiation between skilled persons according to their nationality as regards their knowledge, which would be against the objective assessment of the inventive step and be prejudicial to equal treatment.
Relevant legal provisions:
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 54(2)
Keywords: Inventive step (no)
Technical books representing common general knowledge
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0438/97
T 1688/08
T 0632/10

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880426ep1.html

Date retrieved: 17 May 2021

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