| European Case Law Identifier: | ECLI:EP:BA:2004:T055302.20040714 | ||||||||
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| Date of decision: | 14 July 2004 | ||||||||
| Case number: | T 0553/02 | ||||||||
| Application number: | 97933429.9 | ||||||||
| IPC class: | C11D 3/39 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
| Download and more information: |
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| Title of application: | Method for treating plastic dishware and kitchenware surfaces with detergent compositions containing bleach | ||||||||
| Applicant name: | THE PROCTER & GAMBLE COMPANY | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.06 | ||||||||
| Headnote: | - | ||||||||
| Relevant legal provisions: |
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| Keywords: | Exclusion from patentability (Article 52(2)d) of the subject- matter of claim 7 (main and first auxiliary request) - no Novelty of claim 7 (main and first auxiliary request) - no Inventive step (second auxiliary request) - no: obvious application of a known method to different substrates Inventive step (third auxiliary request) - yes: improved performance of the selected bleach on the specific substrate treated |
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| Catchwords: |
1. A claim directed to a product comprising a composition of matter (here: a bleaching composition) and to instructions for use of the product, wherein the instructions have no technical effect on the product, is not excluded from patentability according to Article 52(2) EPC since the claim has a technical meaning and defines the technical features necessary for the definition of the claimed subject-matter, i.e. a product comprising a composition of matter (reasons for the decision, points 1.2.2 and 1.2.3). 2. Instructions for use contained in a claim directed to a product comprising a composition of matter and which provide no technical contribution to the claimed product are not a technical feature of that product, do not limit in any way the scope of such a claim, and cannot be considered in the evaluation of novelty (reasons for the decision, point 1.3). |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t020553eu1.html
Date retrieved: 17 May 2021