| European Case Law Identifier: | ECLI:EP:BA:1986:T001384.19860515 | ||||||||
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| Date of decision: | 15 May 1986 | ||||||||
| Case number: | T 0013/84 | ||||||||
| Application number: | 80301953.8 | ||||||||
| IPC class: | H02M 7/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Sperry | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | 1. The nature of the technical problem solved by the invention has to be determined on the basis of objectively established facts, in particular as appearing in the prior art revealed in the course of the proceedings, which may be different from the prior art of which the applicant was actually aware at the time the application was filed. A reformulation of the problem which then may become necessary is not precluded by Article 123(2) EPC if the problem could be deduced by the person skilled in the art from the application as filed when considered in the light of the prior art which is nearest to the invention. 2. Where a two-part form of claim is used the apparatus or process constituting the prior art which is nearest to the invention will in compliance with Rule 29(1)(a) EPC have to figure in the preamble of the claim, stating such features of it as are necessary for the definition of the claimed subject-matter and which are, in combination, already part of this prior art. |
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| Keywords: | Prior art on which to base the preamble of a claim Reformulation of the problem |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840013ex1.html
Date retrieved: 17 May 2021
51 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)