T 0231/85 (Triazole derivates) of 08.12.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T023185.19861208
- Date of decision
- 8 December 1986
- Case number
- T 0231/85
- Petition for review of
- -
- Application number
- 81101742.5
- IPC class
- H01N 43/64
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- BASF
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. The fact of a substance being known cannot preclude the novelty of a hitherto unknown use of that substance (here: use as a fungicide), even if the new use does not require any technical realisation (here: e.g. spraying of useful plants) other than that for a previously known use of the same substance (here: use as a growth regulator).
2. Failure to take submissions into consideration which is a result of a delay within the Office and not attributable to the parties to the proceedings constitutes a substantial procedural violation within the meaning of Rule 67 EPC and for reasons of equity calls for reimbursement of the appeal fee.
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Novelty - use of known substance
Inventive step - unspecified effect
Substantial procedural violation (yes)
Failure to take account of a request due to a delay within the Office - Catchword
- -
- Cited cases
- G 0002/88
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The matter is referred back to the Examining Division for continuation of the examination proceedings on the basis of the claims of 30 October 1986.
3. Reimbursement of the appeal fee is ordered.