T 0341/92 (Basic lead salts) of 30.8.1994 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1994:T034192.19940830

Date of decision:

30 August 1994

Case number:

T 0341/92

Application number:

85115046.6

IPC class:

C07C 53/126

Language of proceedings:

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:

NEYNABER CHEMIE

Opponent name:

Metallgesellschaft AG
BÃ¤rlocher GmbH

Board:

3.3.01

Headnote:

1. A decision may be based on a ground discussed for the first time during oral proceedings which would prevent the patent being maintained as amended, at least if the stage reached in the case was such that the absent - albeit duly summoned - patent proprietor could have expected the question to be discussed and was aware from the proceedings to date of the actual bases on which it would be judged (see G 4/92 - OJ EPO 1994, 149). 2. The decision can therefore be based on the ground - not discussed prior to the oral proceedings - that a claim amendment requested by the patent proprietor is, under Article 123(3) EPC, an inadmissible extension of the protection conferred.

Relevant legal provisions:

European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 113(1)
European Patent Convention 1973 Art 123(3)

Keywords:

Main request: inadmissible extension (yes) - new objection in oral proceedings in patent proprietor's absence
Subsidiary request: inventive step (yes)

Catchwords:

Cited decisions:

G 0004/92

Citing decisions: