| European Case Law Identifier: | ECLI:EP:BA:1983:T001483.19830607 | ||||||||
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| Date of decision: | 07 June 1983 | ||||||||
| Case number: | T 0014/83 | ||||||||
| Application number: | 79300604.0 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Sumitomo | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. The question whether an invention has been disclosed sufficiently clearly and completely is not to be decided solely on the basis of the content of the claims. If a chemical invention involves the task of manufacturing a product with certain measurable properties (e.g. gel content or degree of polymerisation of a copolymer), and this task is performed by means of a process involving several variables, then the means of its performance are to be regarded as sufficiently disclosed within the meaning of Article 83 EPC if, encountering occasional lack of success notwithstanding strict adherence to the prescribed limits of those variables, clear information, contained in the description, regarding the effects of individual variables on the properties of the product enables the person skilled in the art to bring about the desired properties quickly and reliably in such an event. 2. If teaching thus disclosed cannot be defined in a claim precisely enough to rule out occasional failure, such a claim is not to be objected to, provided it is possible to deduce from the description the action to be taken - which also cannot be precisely defined - by way of fine tuning of the variables. |
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| Keywords: | Content of the claims Disclosure of invention Lack of succes - occasional |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t830014ex1.html
Date retrieved: 17 May 2021
36 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)