| European Case Law Identifier: | ECLI:EP:BA:1989:T018289.19891214 | ||||||||
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| Date of decision: | 14 December 1989 | ||||||||
| Case number: | T 0182/89 | ||||||||
| Application number: | 81104321.5 | ||||||||
| IPC class: | C08F 212/12 | ||||||||
| Language of proceedings: | EN | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Sumitomo | ||||||||
| Opponent name: | Bayer Naamloze Vennootschap |
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| Board: | 3.3.01 | ||||||||
| Headnote: | 1. In order to establish insufficiency, the burden of proof is upon an opponent to establish on the balance of probabilities that a skilled reader of the patent using his common general knowledge would be unable to carry out the invention. A mere statement that one of several examples in a patent has been repeated once "exactly as described" without obtaining exactly the results claimed in the patent is in principle inadequate to discharge that burden (Decisins T 292/85, OJ EPO 1989,275 and T 281/86 OJ EPO 1989,202 followed). 2. The purpose underlying the relevant provisions of the EPC requires that an Opposition Division should normally decide at the same time all grounds of opposition which have been both alleged and supported (as required by Rule 55(c) EPC) in the notice of opposition; and that is should not decide potential grounds of opposition which have not been alleged in the notice of opposition. 3. If a notice of opposition contains allegations as to the grounds of opposition which are not supported as required by Rule 55(c) EPC, such allegations in principle should be rejected on the same basis as if they were inadmissible under Rule 56(1) EPC. 4. In principle, Article 114(1) EPC should not be interpreted as requiring the Opposition Division or a Board of Appeal to investigate whether the support exists for grounds of opposition which have not been properly supported by an Opponent, but should be interpreted as enabling the EPO to investigate fully the grounds of opposition which have been both alleged and properly supported as required by Rule 55(c). |
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| Relevant legal provisions: | |||||||||
| Keywords: | Insufficiency alleged but not supported Scope of claim attacked in support of ground of lack of inventive step Patent revoked on ground of insufficiency Insufficiency not established - burden of proof Procedure in opposition proceedings having regard to extent of opposition |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890182ex1.html
Date retrieved: 17 May 2021
35 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)