T 0136/95 (Waste compactor) of 25.2.1997

European Case Law Identifier: ECLI:EP:BA:1997:T013695.19970225
Date of decision: 25 February 1997
Case number: T 0136/95
Application number: 87420170.0
IPC class: B65D 5/14
B65D 5/12
B65D 85/16
Language of proceedings: FR
Distribution: A
Download and more information:
Decision text in EN (PDF, 48 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: Procedure for closing packing container
Applicant name: Justamente, Raphaelle
Opponent name: Transordures
Board: 3.2.01
Headnote: It is necessary to give some flexibility to the requirement for identity of invention between a subsequent European application and a previous application from which priority is claimed. Some features claimed in the European application need not be explicitly mentioned in the prior application, provided that the skilled person is able, purely on the basis of his knowledge or by performing simple operations to carry out the invention, to infer these features from the prior application (point 3.3 of the Reasons).
Relevant legal provisions:
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 87(1)
European Patent Convention 1973 Art 88(3)
European Patent Convention 1973 Art 88(4)
Keywords: Structural feature claimed in the European application, based on a more general functional feature described in the prior application
Priority validly claimed (yes)
Catchwords:

-

Cited decisions:
G 0010/91
G 0003/93
T 0002/83
T 0536/88
Citing decisions:
-

8 references found.

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Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board

General Case Law