T 0684/02 of 12.10.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T068402.20071012
- Date of decision
- 12 October 2007
- Case number
- T 0684/02
- Petition for review of
- -
- Application number
- 90310971.8
- IPC class
- H01B 3/44
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Low dissipation-factor fluorocarbon resins and cables prepared therefrom
- Applicant name
- E.I. DU PONT DE NEMOURS AND COMPANY
- Opponent name
- Dyneon LLC
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973
- Keywords
- Amendments - reinstatement of features (no)
Amendments - opposition proceedings
Costs - apportionment - (no)
Novelty - Effects of processes
Novelty - prior disclosure and common general knowledge - Catchword
- 1. The Enlarged Board of Appeal limited its Orders in G 0002/88 (part (iii)) and in G 0006/88 explicitly to a claim to the "use of a known compound", in which a technical effect should be interpreted as a functional technical feature.
In the Board's view, this leaves no room for further expansion of this ruling to claims worded otherwise (Nos. 5.3.4 and 5.3.5 of the reasons).
2. The Board shares the view expressed in No. 3.2.3 of the reasons in T 0210/93 that the use of a process for a particular purpose is "nothing but that very same process" (No. 5.6 of the reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The Appeal of Appellant 1/Patent Proprietor is dismissed.
3. The patent is revoked.
4. The request for apportionment of costs of Appellant 2/Opponent is refused.