T 0357/02 () of 30.7.2004

European Case Law Identifier: ECLI:EP:BA:2004:T035702.20040730
Date of decision: 30 July 2004
Case number: T 0357/02
Application number: 95914085.6
IPC class: C08F 10/00
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 67 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Process for transitioning between incompatible polymerization catalysts
Applicant name: ExxonMobil Chemical Patents Inc.
Opponent name: Basell Polyolefine GmbH
BP Chemicals Ltd
Mobil Oil Corporation
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
Keywords: Novelty (yes)
Inventive step - problem and solution
Inventive step - obvious combination of known features
Catchwords:

It follows from the minimalist character of a technical problem objectively arising from a closest state of the art, which can only be formulated as a modification of that state of the art, regardless of a success or failure of the measures applied, that almost any modification of the latter might be regarded as a feasible alternative by a person skilled in the relevant art, and therefore obvious, since each corresponding solution would be equally useful (or useless). (cf. Reasons 6.2)

Cited decisions:
-
Citing decisions:
T 1169/17

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Case Law Book: I Patentability