T 0094/82 (Gear crimped yarn) of 22.07.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T009482.19830722
- Date of decision
- 22 July 1983
- Case number
- T 0094/82
- Petition for review of
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- Application number
- 79302089.2
- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- ICI
- Opponent name
- -
- Board
- 3.2.01
- Headnote
I.The patent claims must clearly define subject-matter for which protection is sought (Article 84 EPC). This requirement may be fulfilled in a claim to a product when the characteristics of the product are specified by parameters related to the physical structure of the product, provided that those parameters can be clearly and reliably determined by objective procedures which are usual in the art.
II. In such a product claim, it suffices to state the physical properties of the product in terms of parameters, since it is not mandatory to give instructions in the claim itself as to how the product is to be obtained. The description must fulfil Article 83 EPC and thus enable the person skilled in the art to obtain the claimed product therein described.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Definition of product by a product claim containing parameters
Inventive step - parameters - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
The decision of the Examining Division of 28 December 1981 is set aside. The case is remitted to the first instance with the order to grant a European patent on the basis of the following documents: Description, pages 1 - 12 as filed; Drawings, sheet 1/1 as filed; Claims 1 to 11 received on 19 July 1983.