T 0106/84 (Packing machine) of 25.2.1985

European Case Law Identifier: ECLI:EP:BA:1985:T010684.19850225
Date of decision: 25 February 1985
Case number: T 0106/84
Application number: 81901154.5
IPC class: -
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 499 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Michaelsen
Opponent name: -
Board: 3.2.01
Headnote: 1. What at first sight appears to be an obvious step of incorporating a known device in a known machine may not be such if there is evidence that this results in simplification of design coupled with improved performance in use and the solution of a long-standing problem.
2. There is a danger that the difficulty of developing a simple solution without sacrifice of quality will be disregarded when obviousness is assessed with the benefit of hindsight. Care must be taken not to destroy applications for lack of inventive step when persons in the related industry would recognise that it is very surprising that no one had ever hit upon the simple solution before.
Relevant legal provisions:
European Patent Convention 1973 Art 52(1)
European Patent Convention 1973 Art 56
Keywords: Commercial success
Inventive step/use of known element for a new purpose
Inventive step - long standing problem
Simplification - indication of non-obviousness
Unexpected advantage
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0172/86
T 0029/87
T 0044/87
T 0226/87
T 0387/87
T 0090/89
T 0150/89
T 0490/89
T 0045/91
T 0533/91
T 1016/92
T 0039/94
T 0073/95
T 0554/95
T 0227/10
T 2135/18

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840106ex1.html

Date retrieved: 17 May 2021

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