| European Case Law Identifier: | ECLI:EP:BA:1996:T058393.19960104 | ||||||||
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| Date of decision: | 04 January 1996 | ||||||||
| Case number: | T 0583/93 | ||||||||
| Application number: | 85308398.8 | ||||||||
| IPC class: | C08F 2/10 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| 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. |
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| 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 |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t930583ex1.html
Date retrieved: 17 May 2021
22 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)