European Case Law Identifier: |
ECLI:EP:BA:2004:T096298.20040115 |
Date of decision: |
15 January 2004 |
Case number: |
T 0962/98 |
Application number: |
94931395.1 |
IPC class: |
C10M 173/02 |
Language of proceedings: |
EN |
Distribution: |
B |
Download and more information: |
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Title of application: |
Particulate suspending antimicrobial additives |
Applicant name: |
ECOLAB INC. |
Opponent name: |
- |
Board: |
3.3.01 |
Headnote: |
- |
Relevant legal provisions: |
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Keywords: |
Main and first auxiliary request: support in the application as filed (no) - inadmissible generalization of an example |
Catchwords: |
There may exist situations where some characteristics taken from a working example may be combined with other features disclosed in a more general context without necessarily creating an objectionable intermediate generalization. However, under Article 123(2) EPC, such an intermediate generalization is only admissible if the skilled person can recognize without any doubt from the application as filed that those characteristics are not closely related to the other characteristics of the working example and apply directly and unambiguously to the more general context. In other terms, in order to be acceptable, this intermediate generalization must be the result of unambiguous information that a skilled person would draw from the review of the example and the content of the application as filed (cf. point 2.5).
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Cited decisions: |
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Citing decisions: |
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19 references found.
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Offical Journal of the EPO
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Case Law Book: II Conditions to be met by an Application
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General Case Law
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