T 0211/01 (Hydroxypolyalkene amine/DOVER) of 1.12.2003

European Case Law Identifier: ECLI:EP:BA:2003:T021101.20031201
Date of decision: 01 December 2003
Case number: T 0211/01
Application number: 92907846.7
IPC class: C10L 1/22
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 41 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: A process for preparing halogen-free, deposit-control fuel additives comprising a hydroxypolyalkene amine
Applicant name: Dover Chemical Company Inc.
Opponent name: BASF Aktiengesellschaft
Chevron Chemical Company LLC
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 54(3)
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 114(2)
Keywords: New ground of opposition - not to be considered
Novelty (all requests): yes
Problem solution-approach - defective disclosure is not a promising starting point for the assessment of inventive step
Inventive step (all requests): no - obvious aggregation of known process steps
Catchwords:

A document which is obviously defective as would be readily recognised by those skilled in the art when trying to reproduce its disclosure cannot be taken as the most promising and appropriate starting point for the assessment of inventive step (points 2.1.3 - 2.1.5).

Cited decisions:
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Citing decisions:
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Case Law Book: I Patentability