T 0931/00 (Oxygen/AIR PRODUCTS) of 19.05.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T093100.20030519
- Date of decision
- 19 May 2003
- Case number
- T 0931/00
- Petition for review of
- -
- Application number
- 94119787.3
- IPC class
- B01D 53/22
- 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
- Integrated high temperature method for oxygen production
- Applicant name
- AIR PRODUCTS AND CHEMICALS, INC.
- Opponent name
- Praxair Technology, Inc.
- Board
- 3.3.05
- Headnote
Although figures in examples may, under specific conditions, be used to limit a range, which was already present in the original application, they cannot be used to define an entirely new relationship between parameters which were never linked before. Such arbitrary new links between existing parameters introduce new matter, contrary to the requirements of Article 123(2) and 100(c) EPC (points 2.1 and 2.2).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Unallowable extension (main request and auxiliary requests 1 to 20) - creation of new parameters
Inventive step (auxiliary request 21) - yes, no incentive for the claimed solution of the problem in the prior art - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent with claims 1 to 10 submitted during the oral proceedings and the description to be adapted, figures as granted.