| European Case Law Identifier: | ECLI:EP:BA:1999:T089294.19990119 | ||||||||
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| Date of decision: | 19 January 1999 | ||||||||
| Case number: | T 0892/94 | ||||||||
| Application number: | 87902669.8 | ||||||||
| IPC class: | A61K 7/32 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Inhibitors of esterase-producing micro-organisms, for use primarily in deodorant compositions | ||||||||
| Applicant name: | Robertet S.A. | ||||||||
| Opponent name: | Unilever N.V. | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | I. The right to be heard of a party absent in oral proceedings as expounded in G 4/92 (OJ EPO 1994, 149) may, in appropriate circumstances, be surrendered by a party declaring that it will take no further part in the proceedings (Reasons 2.2-2.5). II. According to G 2/88 (OJ EPO 1990, 93), novelty within the meaning of Article 54(1) EPC can be acknowledged for a claim directed to the use of a known substance for a hitherto unknown, ie new, non-medical purpose reflecting a newly discovered technical effect. However, a newly discovered technical effect does not confer novelty on a claim directed to the use of a known substance for a known non-medical purpose if the newly discovered technical effect already underlies the known use of the known substance (Reasons 3.4). |
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| Keywords: | Novelty of a claim directed to the known use of a known substance which differs from the state of the art merely by the indication of a newly discovered technical effect underlying that use (no) | ||||||||
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t940892ex1.html
Date retrieved: 17 May 2021
20 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)