T 0208/88 (Growth regulation) of 28.2.1990

European Case Law Identifier: ECLI:EP:BA:1990:T020888.19900228
Date of decision: 28 February 1990
Case number: T 0208/88
Application number: 80106574.9
IPC class: A01N 43/54
Language of proceedings: DE
Distribution:
Download and more information:
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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: Bayer
Opponent name: -
Board: 3.3.01
Headnote: An effect (in this case, growth regulation) not previously described, but actually occurring during the execution of a known teaching (in this case, use as a fungicide) and intended as the basis of a use invention, has at any event not been made available to the public (thereby anticipating the use invention) if it is not revealed so clearly during such execution as to disclose the invention's essential character, at least potentially, to an unlimited number of skilled persons (point 3.1 of the Reasons for the Decision) (cf. G 6/88, OJ EPO 1990, 114).
Relevant legal provisions:
European Patent Convention 1973 Art 54
European Patent Convention 1973 R 67
Keywords: Novelty of second non-medical use with same technical means of execution
Reimbursement of appeal fee (no)
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0601/92
T 0013/93
T 0144/93
T 0326/93
T 1123/09
T 1099/16

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880208du1.html

Date retrieved: 17 May 2021

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