T 0713/98 () of 17.1.2002

European Case Law Identifier: ECLI:EP:BA:2002:T071398.20020117
Date of decision: 17 January 2002
Case number: T 0713/98
Application number: 93301935.8
IPC class: C08F 265/02
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 32 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Polymeric particles
Applicant name: ROHM AND HAAS COMPANY
Opponent name: -
Board: 3.3.03
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 83
European Patent Convention 1973 Art 84
Keywords: Disclosure - enabling - undue burden
Claims - functional features
Catchwords:

To the extent that the requirements of Article 84 EPC can only be fulfilled, in relation to a claim which is characterised by a functional feature defining a result to be achieved, if the feature is such that a person skilled in the art can, without exceeding his normal knowledge and skills, not only understand it, but also without undue burden implement it, the former requirement (understanding) is one of clarity and the latter (implementing) is one of support, both in the sense of Article 84 EPC. Furthermore, the latter requirement, viewed in relation to the disclosure as a whole, is highly relevant to the queston of sufficiency, in the sense of Article 83 EPC (following T 409/91, OJ EPO 1994, 653).

Cited decisions:
T 0409/91
Citing decisions:
T 0782/01
T 1225/07
T 0959/08
T 0904/09

5 references found.

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Case Law Book: II Conditions to be met by an Application

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