T 0583/93 () of 4.1.1996 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1996:T058393.19960104

Date of decision:

04 January 1996

Case number:

T 0583/93

Application number:

85308398.8

IPC class:

C08F 2/10

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 2Â MB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	OJ \| Published

Title of application:

Process for the production of a water-soluble polymer dispersion

Applicant name:

HYMO CORPORATION

Opponent name:

SNF Floerger

Board:

3.3.03

Headnote:

1. A lack of communication between the Proprietor and its Licensee does not afford sufficient justification upon which the Board can exercise its discretion to admit requests filed at an extremely late stage into the appeal.
2. Whereas according to the Boards' jurisprudence the deletion from a claim of features consistently described as essential is not permissible under Article 123(2) EPC, the converse is not true, so that any attempt to interpret Article 123(2) EPC in the sense that the introduction into a claim of features previously described as non-essential would not be permissible, must fail.

Relevant legal provisions:

European Patent Convention 1973 Art 114(2)
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 123(2)
European Patent Convention 1973 Art 123(3)

Keywords:

Late filed claims - not admitted (late filing not sufficiently justified)
Extension beyond contents of application as filed (no) - incorporation of features previously indicated as non-essential permissible
Inventive step - main request (no): technical problem not solved over the whole area - auxiliary request (yes) - after amendment

Catchwords:

Cited decisions: