T 0032/84 (Redefining an invention) of 06.08.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:T003284.19850806
- Date of decision
- 6 August 1985
- Case number
- T 0032/84
- Online on
- 6 August 1985
- Petition for review of
- -
- Application number
- 80400098.2
- IPC class
- G05F 3/20
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Commissariat à l'Engergie Atomique
- Opponent name
- -
- Board
- 3.5.01
- Headnote
1. The fact that certain elements of an invention essential to its operation are not referred to explicitly in the claims nor shown in the drawing of the invention as claimed nor in the relevant portion of the description does not necessarily mean that the application does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art as required by Article 83 EPC.
2. A person skilled in the art may put the invention into practice by applying a principle disclosed in the description which shows as essential to the invention an element shown not in the figure illustrating the invention as claimed but in another figure in the application provided that he does not make use of additional teachings and that no inventive step is involved. In this case the application of Article 123(2) does not arise.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 83 1973
- Keywords
- Disclosure of the invention
Presence of essential element - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The disputed decision is set aside.
2. The matter is referred back to the Examining Division for further examination of the application.