| European Case Law Identifier: | ECLI:EP:BA:1989:T011988.19890425 | ||||||||
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| Date of decision: | 25 April 1989 | ||||||||
| Case number: | T 0119/88 | ||||||||
| Application number: | 84113449.7 | ||||||||
| IPC class: | G11B 23/033 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Fuji | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | 1. The feature of having a specific colour or any of a specified range of colours may cause an invention to be excluded from patentability under Article 52(2) EPC, paragraph b), (aesthetic creations) and/or paragraph (d) (presentations of information), when the invention only concerns that feature as such within the meaning of Article 52(3) EPC. 2. Article 52 EPC, paragraph 3 is construed to mean that an invention is excluded from patentability when its contribution to the prior art is entirely within a field which is excluded from patentability within the meaning of paragraph 2 of that Article. Such an invention is not an invention within the meaning of paragraph 1 of the same article (as construed in decision T 38/86, OJ EPO 1990, 384). 3. The feature of having a specific colour or any of a specified range of colours does cause an otherwise known invention to be excluded from patentability when the effects produced by that feature in its combination with said known invention constitute a contribution to the prior art solely within the fields excluded from patentability under Article 52(2)(b), (d) and 52(3) EPC. |
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| Keywords: | Aesthetic creation (yes) Presentation of information (yes) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880119ex1.html
Date retrieved: 17 May 2021
11 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)