| European Case Law Identifier: |
ECLI:EP:BA:2002:T051798.20020117 |
| Date of decision: |
17 January 2002 |
| Case number: |
T 0517/98 |
| Application number: |
90905918.0 |
| IPC class: |
C04B 35/00 |
| Language of proceedings: |
EN |
| Distribution: |
B |
| Download and more information: |
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| Title of application: |
Oriented grained Y-Ba-Cu-O superconductors having high critical currents and method for producing same |
| Applicant name: |
UNIVERSITY OF HOUSTON |
| Opponent name: |
Siemens AG |
| Board: |
3.3.05 |
| Headnote: |
- |
| Relevant legal provisions: |
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| Keywords: |
Main request, first and second auxiliary request - sufficiency of disclosure (no), not enabling over the whole ambit of the claim); Third auxiliary request - sufficiency of disclosure (yes) - Inventive step-(yes) non-obvious modification of a known process; unexpected improvement of the resulting product |
| Catchwords: |
If the disclosure of a patent in suit is limited to products which, when prepared by the method according to the invention, are characterised by distinctive parameters, then a claim which does not stipulate these parameters a priori encompasses embodiments which are not obtainable by the method disclosed.
Such disclosure of a single way of performing the invention will only be considered sufficient if it enables a person skilled in the art to carry out the invention within the whole ambit of the claim. If this is not the case, the claim does not meet the requirements of Article 83 and 100(b) EPC.
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| Cited decisions: |
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| Citing decisions: |
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Case Law Book: II Conditions to be met by an Application
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