T 0507/99 (Disclaimers/PPG) vom 20.12.2002
- Europäischer Rechtsprechungsidentifikator
- ECLI:EP:BA:2002:T050799.20021220
- Datum der Entscheidung
- 20. Dezember 2002
- Aktenzeichen
- T 0507/99
- Antrag auf Überprüfung von
- -
- Anmeldenummer
- 92116446.3
- IPC-Klasse
- C03C 17/36
- Verfahrenssprache
- Englisch
- Verteilung
- Im Amtsblatt des EPA veröffentlicht (A)
- Download
- Entscheidung auf Englisch
- Amtsblattfassungen
- Weitere Entscheidungen für diese Akte
- T 0507/99 Coatings/PPG 2002-08-28T 0507/99 Coatings II/PPG 2006-09-28
- Zusammenfassungen für diese Entscheidung
- -
- Bezeichnung der Anmeldung
- Heat processable metallic appearing coatings
- Name des Antragstellers
- PPG Industries Ohio, Inc.
- Name des Einsprechenden
- SAINT-GOBAIN GLASS FRANCE
- Kammer
- 3.3.05
- Leitsatz
The following questions are referred to the Enlarged Board of Appeal:
1. Is an amendment to a claim by the introduction of a disclaimer unallowable under Article 123(2) EPC for the sole reason that neither the disclaimer nor the subject-matter excluded by it from the scope of the claim have a basis in the application as filed?
2. If the answer to question 1 is no, which criteria are to be applied in order to determine whether or not a disclaimer is allowable?
(a) In particular, is it of relevance whether the claim is to be delimited against a state of the art according to Article 54(3) EPC or against a state of the art according to Article 54(2) EPC?
(b) Is it necessary that the subject-matter excluded by the disclaimer be strictly confined to that disclosed in a particular piece of prior art?
(c) Is it of relevance whether the disclaimer is needed to make the claimed subject-matter novel over the prior art?
(d) Is the criterion applicable that the disclosure must be accidental, as established by prior jurisprudence, and, if yes, when is a disclosure to be regarded as being accidental, or
(e) is the approach to be applied that a disclaimer which is confined to disclaiming the prior art and has not been disclosed in the application as filed is allowable under Article 123(2) EPC, but that the examination of the subject-matter claimed for the presence of an inventive step has then to be carried out as if the disclaimer did not exist?
- Relevante Rechtsnormen
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 54(4) 1973European Patent Convention Art 56 1973
- Schlagwörter
- Allowability of disclaimers - under Article 123(2) - delimitation against Article 54(2) and (3) prior art - criteria to be applied - referral to Enlarged Board
- Orientierungssatz
- -
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board of Appeal:
1. Is an amendment to a claim by the introduction of a disclaimer unallowable under Article 123(2) EPC for the sole reason that neither the disclaimer nor the subject-matter excluded by it from the scope of the claim have a basis in the application as filed?
2. If the answer to question 1 is no, which criteria are to be applied in order to determine whether or not a disclaimer is allowable?
(a) In particular, is it of relevance whether the claim is to be delimited against a state of the art according to Article 54(3) EPC or against a state of the art according to Article 54(2) EPC?
(b) Is it necessary that the subject-matter excluded by the disclaimer be strictly confined to that disclosed in a particular piece of prior art?
(c) Is it of relevance whether the disclaimer is needed to make the claimed subject-matter novel over the prior art?
(d) Is the criterion applicable that the disclosure must be accidental, as established by prior jurisprudence, and, if yes, when is a disclosure to be regarded as being accidental, or
(e) is the approach to be applied that a disclaimer which is confined to disclaiming the prior art and has not been disclosed in the application as filed is allowable under Article 123(2) EPC, but that the examination of the subject-matter claimed for the presence of an inventive step has then to be carried out as if the disclaimer did not exist?