T 0315/97 () of 21.6.2002

European Case Law Identifier: ECLI:EP:BA:2002:T031597.20020621
Date of decision: 21 June 2002
Case number: T 0315/97
Application number: 86308961.1
IPC class: G02B 5/128
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 47 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Unpublished v2 | Unpublished v3 | Published
Title of application: Encapsulated-lens retroreflective sheeting and method of making
Applicant name: MINNESOTA MINING AND MANUFACTURING COMPANY
Opponent name: NIPPON CARBIDE INDUSTRIES CO., LTD.
Board: 3.4.02
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 84
European Patent Convention 1973 Art 123
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
Keywords: Novelty (yes)
Inventive step (no)
Proper construction of claim 1
Reformatio in peius (1st auxiliary request: no; 2nd and 3rd auxiliary request: inadmissible)
Catchwords:

A claim was directed to a method for manufacturing a product. The method comprised manufacturing conditions the presence or absence of which during manufacture could not be ascertained in a reliable and generally accepted way but could only be derived from a property observed on the obtained product.

For the purpose of establishing whether a method disclosed in a prior art document anticipated the claimed method, the Board construed the feature relating to the manufacturing conditions as if it defined the property observed on the obtained product (point 3.1 of the reasons).

Cited decisions:
G 0001/99
Citing decisions:
T 0893/96
T 0558/02
T 1013/02
T 0431/04
T 0405/13

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t970315ex1.html

Date retrieved: 17 May 2021

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