| European Case Law Identifier: | ECLI:EP:BA:1998:T099096.19980212 | ||||||||
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| Date of decision: | 12 February 1998 | ||||||||
| Case number: | T 0990/96 | ||||||||
| Application number: | 93106005.7 | ||||||||
| IPC class: | C07C 69/732 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | 7-Substituted-hept-6-enoic and -heptanoic acids and derivatives thereof | ||||||||
| Applicant name: | Novartis AG | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. It is common practice for a person skilled in the art of preparative organic chemistry to (further) purify a compound obtained in a particular chemical manufacturing process according to the prevailing needs and requirements. Since, as a rule, conventional methods for the purification of low molecular organic compounds are within his common general knowledge, a document disclosing a low molecular chemical compound and its manufacture makes normally available this compound to the public in the sense of Article 54 EPC in all desired grades of purity (no. 7 of the reasons for the decision). 2. If a party alleges that this general rule would not be applicable in a particular case, then the burden of proving the existence of such an exceptional situation, e.g. of a situation where all prior attempts to achieve a particular degree of purity by conventional purification processes have failed, lies with the party who alleges such a situation (no. 8 of the reasons for the decision). |
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| Keywords: | Novelty (no) Purity of chemical compound no new element |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t960990ex1.html
Date retrieved: 17 May 2021
29 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)