T 0134/00 (Additives and fuel compositions/EXXON) of 05.09.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T013400.20030905
- Date of decision
- 5 September 2003
- Case number
- T 0134/00
- Petition for review of
- -
- Application number
- 93902205.9
- IPC class
- C10L 1/14
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Additives and fuel compositions
- Applicant name
- Exxon Mobil Chemical Patents Inc.
- Opponent name
- Clariant GmbH
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 57a 1973
- Keywords
- Novelty (main request) - no
Novelty (first auxiliary request) - yes
Reformulation of the technical problem - necessary: available experimental evidence not making credible the presence of an unexpected improvement for all the possible combinations of components encompassed by claim 1
Inventive step (first auxiliary request) - no: provision of an alternative: obvious to try
Admissibility of an amendment (second auxiliary request) - no: superflous amendment which does not arise from any of the grounds for opposition - Catchword
- Disclaimer (originally disclosed) relating to the components of a fuel additive is not limiting the scope of a claim to a fuel comprising this additive (points 1.2.1 and 1.2.2)
- Citing cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.