T 0001/80 (Carbonless copying paper) of 06.04.1981

European Case Law Identifier

ECLI:EP:BA:1981:T000180.19810406

Date of decision

6 April 1981

Case number

T 0001/80

Petition for review of

Application number

78100634.1

IPC class

Language of proceedings

German

Distribution

Published in the EPO's Official Journal (A)

Download

OJ versions

Other decisions for this case

Abstracts for this decision

Application title

Applicant name

Bayer

Opponent name

Board

3.3.01

Headnote

I. Assessment of the inventive step of a chemical invention (in this case microcapsules for carbonless copying paper) has to be preceded by determination of the technical problem based on objective criteria. If the prior art cited shows that this problem has to be regarded as the selection of another novel agent from a known class (polyureas), then it can generally also be subsequently argued that the problem consists in selecting a surprisingly improved agent.

II. In an appropriate case, such a restatement of the problem may be possible during the course of an appeal; the supporting evidence is, after examination of the particular case, to be regarded as submitted in due time within the meaning of Art. 114(2) EPC, if it is submitted together with the Statement of Grounds for the appeal.

Relevant legal provisions

European Patent Convention Art 114(2) 1973 European Patent Convention Art 56 1973 European Patent Convention R 27(1)(d) 1973 European Patent Convention R 66(1) 1973

Keywords

Inventive step - technical problem
Inventive step - selection
Inventive step - objective criteria
Modification of the problem
Significance of the problem
Submission of evidence in due time

Catchword

Cited cases

Citing cases

T 0344/89 T 0574/89 T 0020/90 T 0245/90 T 0777/90 T 0910/90 T 0440/91 T 0495/91 T 0465/92 T 0552/92 T 0939/92 T 0955/93 T 0255/94 T 0417/94 T 0159/95 T 0653/95 T 0730/96 T 0717/00 T 0979/00 T 0177/01 T 0916/01 T 1369/04 T 0100/05 T 0210/05 T 0259/05 T 0260/05 T 1039/05 T 1145/05 T 1548/05 T 1633/06 T 0339/07 T 1859/07 T 0610/08 T 1951/08 T 2119/08 T 0067/09 T 0687/09 T 2076/09 T 1080/10 T 1590/10 T 1758/10 T 0028/11 T 0270/11 T 0297/20 T 0454/23

ORDER

For these reasons, it is decided that:

1. The decision of Examining Division 012 of the European Patent Office dated 16 November 1979 is set aside.

2. The case is remitted to the first instance with the order to grant a European patent on the basis of the following documents. Description page 1 and 4-6 dated 28.1.81, received on 29.1.81, Description p. 2,3 and 7-14 dated 12.1.81, received on 13.1.81, 2 patent claims dated 28.1.81, received on 29.1.81.