T 0136/95 (Waste compactor) of 25.02.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T013695.19970225
- Date of decision
- 25 February 1997
- Case number
- T 0136/95
- Petition for review of
- -
- Application number
- 87420170.0
- IPC class
- B65D 5/12B65D 85/16B65D 5/14
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in French
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Procédé de fermeture automatique destiné aux emballages conteneurs
- Applicant name
- Justamente, Raphaelle
- Opponent name
- Transordures
- Board
- 3.2.01
- Headnote
It is necessary to give some flexibility to the requirement for identity of invention between a subsequent European application and a previous application from which priority is claimed. Some features claimed in the European application need not be explicitly mentioned in the prior application, provided that the skilled person is able, purely on the basis of his knowledge or by performing simple operations to carry out the invention, to infer these features from the prior application (point 3.3 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 87(1) 1973European Patent Convention Art 88(3) 1973European Patent Convention Art 88(4) 1973
- Keywords
- Structural feature claimed in the European application, based on a more general functional feature described in the prior application
Priority validly claimed (yes) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The contested decision is set aside;
2. The case is remitted to the department of first instance with the order to maintain the European patent on the basis of claims 1 to 3 annexed to the letter of 17 November 1995 and of the description and drawings as originally filed.