| European Case Law Identifier: | ECLI:EP:BA:1990:T001687.19900724 | ||||||||
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| Date of decision: | 24 July 1990 | ||||||||
| Case number: | T 0016/87 | ||||||||
| Application number: | 80401328.2 | ||||||||
| IPC class: | B01D 53/36 B01J 23/76 |
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| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Procatalyse | ||||||||
| Opponent name: | Degussa | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | 1. It is for the opponent who invokes the invalidity of a patent on the ground that the invention cannot be carried out to indicate the facts, evidence and arguments in support of this ground (in the present case, to furnish the results of tests showing that the catalyst as claimed is not active) (cf. point 4 of the Reasons for the Decision). 2. A feature, added to a claim after the priority date, which does not constitute an essential element of the invention but a voluntary limitation of the scope of that claim does not invalidate the priority claimed (following Decision T 73/88 - 3.3.1) (cf. point 5 of the Reasons for the Decision). 3. The provision in Article 69(1) EPC stipulating that the description and drawings (if any) be used to interpret the claims also applies during opposition proceedings when an objective assessment of the content of a claim has to be made to judge whether its subject-matter is novel and not obvious (cf. point 6 of the Reasons for the Decision). |
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| Keywords: | Priority - additional feature - Opponent's obligation to indicate facts, evidence and arguments on which the opposition is based Interpretation of claims during opposition proceedings |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870016ep1.html
Date retrieved: 17 May 2021
30 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)
Case Law Book: II Conditions to be met by an Application
XCLR II D 3.1.2 G 2/98 and the concept of disclosure – interpretation in the same way as for Art. 123(2) EPC