| European Case Law Identifier: | ECLI:EP:BA:1996:T047292.19961120 | ||||||||
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| Date of decision: | 20 November 1996 | ||||||||
| Case number: | T 0472/92 | ||||||||
| Application number: | 83100303.3 | ||||||||
| IPC class: | B32B 5/18 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Sheet for forming sleeve and process for producing the same | ||||||||
| Applicant name: | SEKISUI KASEIHIN KOGYO KABUSHIKI KAISHA | ||||||||
| Opponent name: | Owens-Illinois, Inc. | ||||||||
| Board: | 3.3.03 | ||||||||
| Headnote: | I. Although the standard of proof is the same for all objections covered by Article 100 EPC (cf. T 270/90 OJ EPO 93, 725), in those prior public use cases, where practically all the evidence in support of an alleged prior public use lies within the power and knowledge of the Opponent, the latter has to prove his case up to the hilt (Reasons 3.1). II. The printability of a material, as well as its surface characteristics after exposure to thermal shrinkage conditions, are not "intrinsic" properties which according to G 1/92, should be considered to have been made available to the public by the mere delivery of said material to a customer (Reasons 7.3.4 to 7.3.7). |
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| Keywords: | Novelty (yes) - prior public use not proved up to the hilt - assumption of confidentiality on the basis of a Joint Venture Agreement Inventive step (yes) - no incentive - extrinsic properties of a material of prior public use not made available to the public by the mere delivery to the recipient company (see G 0001/92) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t920472ex1.html
Date retrieved: 17 May 2021
78 references found.
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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)