T 0231/85 (Triazole derivates) of 8.12.1986 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1986:T023185.19861208

Date of decision:

08 December 1986

Case number:

T 0231/85

Application number:

81101742.5

IPC class:

H01N 43/64

Language of proceedings:

Distribution:

Download and more information:

No PDF available
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

Title of application:

Applicant name:

BASF

Opponent name:

Board:

3.3.01

Headnote:

1. The fact of a substance being known cannot preclude the novelty of a hitherto unknown use of that substance (here: use as a fungicide), even if the new use does not require any technical realisation (here: e.g. spraying of useful plants) other than that for a previously known use of the same substance (here: use as a growth regulator).
2. Failure to take submissions into consideration which is a result of a delay within the Office and not attributable to the parties to the proceedings constitutes a substantial procedural violation within the meaning of Rule 67 EPC and for reasons of equity calls for reimbursement of the appeal fee.

Relevant legal provisions:

European Patent Convention 1973 Art 54
European Patent Convention 1973 Art 56
European Patent Convention 1973 R 67

Keywords:

Novelty - use of known substance
Inventive step - unspecified effect
Substantial procedural violation (yes)
Failure to take account of a request due to a delay within the Office

Catchwords:

Cited decisions:

G 0002/88

Citing decisions: