| European Case Law Identifier: | ECLI:EP:BA:1985:T003284.19850806 | ||||||||
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| Date of decision: | 06 August 1985 | ||||||||
| Case number: | T 0032/84 | ||||||||
| Application number: | 80400098.2 | ||||||||
| IPC class: | G05F 3/20 | ||||||||
| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Commissariat à l'Engergie Atomique | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | 1. The fact that certain elements of an invention essential to its operation are not referred to explicitly in the claims nor shown in the drawing of the invention as claimed nor in the relevant portion of the description does not necessarily mean that the application does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art as required by Article 83 EPC. 2. A person skilled in the art may put the invention into practice by applying a principle disclosed in the description which shows as essential to the invention an element shown not in the figure illustrating the invention as claimed but in another figure in the application provided that he does not make use of additional teachings and that no inventive step is involved. In this case the application of Article 123(2) does not arise. |
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| Keywords: | Disclosure of the invention Presence of essential element |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840032ep1.html
Date retrieved: 17 May 2021
8 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)