| European Case Law Identifier: | ECLI:EP:BA:1990:T009389.19901115 | ||||||||
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| Date of decision: | 15 November 1990 | ||||||||
| Case number: | T 0093/89 | ||||||||
| Application number: | 83106782.2 | ||||||||
| IPC class: | C08F 18/06 | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Hoechst | ||||||||
| Opponent name: | Henkel | ||||||||
| Board: | 3.3.03 | ||||||||
| Headnote: | 1. If an alleged prior public use is not adequately substantiated, it is immaterial and, if not submitted in due time, may be disregarded under Article 114(2) EPC. 2. Prior public use is only adequately substantiated if specific details are given of what was made available to the public where, when, how and by whom. 3. If the composition of a commercially available product can be established only by a chemical analysis, the ingredients of the product have not been made available to the public unless there was reason for experts to investigate it. |
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| Keywords: | Novelty (yes) Prior public use not substantiated and not claimed in due time Prior public use of a commercially available chemical Commercially available product, grounds for chemical analysis Inventive step (confirmed) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890093ep1.html
Date retrieved: 17 May 2021
23 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)