T 0552/91 (Chroman derivatives) of 03.03.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T055291.19940303
- Date of decision
- 3 March 1994
- Case number
- T 0552/91
- Petition for review of
- -
- Application number
- 87118275.4
- IPC class
- C07D 405/04
- 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
- Chromanderivate
- Applicant name
- MERCK PATENT GmbH
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. Where a European patent application relates to chemical substances originally defined by an incorrect chemical structural formula, correction of which is not allowable under Rule 88 EPC, replacement of the incorrect formula by the correct one infringes Article 123(2) EPC. This applies even if evidence is provided that these substances are the inevitable unambiguous result of a method disclosed in full in the application as filed (points 4.2 and 4.3 of the reasons).
2. Nevertheless, the submission of a "product-by-process" claim is compatible with Article 123(2) EPC if it contains all the measures required to obtain this result (starting materials, reaction conditions, separation) (point 5.2 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973
- Keywords
- Amendment of a structural formula subsequently found to be incorrect (no)
Product-by-process claims (allowed) - Catchword
- -
ORDER
For these reasons it is decided that:
The decision under appeal is set aside. The case is remitted to the first instance for resumption of the examination proceedings on the basis of the claims according to the auxiliary request.