T 0131/03 () of 22.12.2004 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:2004:T013103.20041222

Date of decision:

22 December 2004

Case number:

T 0131/03

Application number:

92117031.2

IPC class:

G03G 5/06

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 45Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	Unpublished

Title of application:

Photoconductor for electrophotografy

Applicant name:

FUJI ELECTRIC CO., LTD.

Opponent name:

Canon Kabushiki Kaisha

Board:

3.4.02

Headnote:

In inter-partes proceedings the burden of proof rests primarily upon the opponent. However, when the latter has established a strong presumption that unusual parameters as used to define the claimed subject-matter are inherently disclosed in the prior art, the patent proprietor cannot merely claim the benefit of the doubt. It is incumbent upon him to contribute in establishing to which extent such parameters, which he freely chose to use in the definition of his invention, actually distinguish the claimed subject-matter from the prior art (points 2.3 to 2.8 of the Reasons).

Relevant legal provisions:

European Patent Convention 1973 Art 54

Keywords:

Novelty: main request: no: definition in terms of unusual parameters: inherent disclosure burden of proof
Auxiliary requests: not admitted because late-filed and raising new issues

Catchwords:

Cited decisions:

T 0332/87
T 1003/96
T 0186/99

Citing decisions: