European Case Law Identifier: |
ECLI:EP:BA:1995:T093992.19950912 |
Date of decision: |
12 September 1995 |
Case number: |
T 0939/92 |
Application number: |
87303463.1 |
IPC class: |
C07D 249/12 |
Language of proceedings: |
EN |
Distribution: |
A |
Download and more information: |
|
Title of application: |
Triazole herbicides |
Applicant name: |
AgrEvo UK Limited |
Opponent name: |
- |
Board: |
3.3.01 |
Headnote: |
1. If a claim concerns a group of chemical compounds per se, an objection of lack of support by the description pursuant to Article 84 EPC cannot properly be raised for the sole reason that the description does not contain sufficient information in order to make it credible that an alleged technical effect (which is not, however, a part of the definition of the claimed compounds) is obtained by all the compounds claimed (see reasons 2.2.2).
2. The question as to whether or not such a technical effect is achieved by all the chemical compounds covered by such a claim may properly arise under Article 56 EPC, if this technical effect turns out to be the sole reason for the alleged inventiveness of these compounds (reasons 2.4 to 2.6). |
Relevant legal provisions: |
|
Keywords: |
Clarity and support by the description (yes)
Inventive step (no)
Alleged effect not credible for all claimed alternatives
Solution to more general technical problem obvious |
Catchwords: |
-
|
Cited decisions: |
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Citing decisions: |
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141 references found.
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EPO Guidelines - D Opposition and Limitation/Revocation Procedures
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EPO Guidelines - G Patentability
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Offical Journal of the EPO
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Case Law Book: I Patentability
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Case Law Book: II Conditions to be met by an Application
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Case Law Book: III Amendments
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Case Law Book: IV Divisional Applications
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Case Law of the Enlarged Board
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General Case Law
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