| European Case Law Identifier: | ECLI:EP:BA:1998:T002094.19981104 | ||||||||
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| Date of decision: | 04 November 1998 | ||||||||
| Case number: | T 0020/94 | ||||||||
| Application number: | 87201409.7 | ||||||||
| IPC class: | C07C 69/732 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | Tetrakis [3-(3,5-di-tert.buthyl-4-hydroxyphenyl) propionyl-oxymethyl] methane with amorphous structure, process for its preparation and its use as a stabilizer | ||||||||
| Applicant name: | Enichem Synthesis S.p.A. | ||||||||
| Opponent name: | Ciba Specialty Chemicals Holding Inc. Chemische Werke Lowi GmbH & Co. Himont Incorporated |
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| Board: | 3.3.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Change from process claim to product claim (not allowable) Amendment (yes) - additional feature not closely related with the other features in an example Novelty (yes) - onus of proof - unsupported objection Inventive step (yes) - determination of the closest prior art for process claim - unobvious solution |
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| Catchwords: |
1. Where the granted claims are solely process claims, a change from a process claim for preparing a product to a product-by-process claim by way of amendment extends the protection conferred by the European patent to the same product obtained by a process for its preparation different to that defined in the granted process claim, contrary to the requirement of Article 123(3) EPC (point 4.3 of the reasons). 2. Despite the fact that a product-by-process claim is characterized by the process for its preparation, it nevertheless belongs to the category of claim directed to a physical entity and is a claim directed to the product per se. Irrespective of whether the terms "directly obtained", "obtained" or "obtainable" are used in the product-by-process claim, it is still directed to the product per se and confers absolute protection upon the product (point 4.4 of the reasons). |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t940020eu1.html
Date retrieved: 17 May 2021