T 0014/01 (Reduced dye release/UNILEVER) of 03.11.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T001401.20041103
- Date of decision
- 3 November 2004
- Case number
- T 0014/01
- Petition for review of
- -
- Application number
- 91305515.8
- IPC class
- C11D 3/00
- 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
- Process and composition for treating fabrics
- Applicant name
- UNILEVER PLC, et al
- Opponent name
- The Procter & Gamble Company
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973
- Keywords
- Main request - (no): disclaimer aiming at removing overlap with a non accidental anticipation violates Article 123(2) EPC
First and second auxiliary requests - (no): not novel - Catchword
- "The allegation that a teaching extracted from a prior art leads away from the invention implies that the skilled person has taken this prior art into consideration. For an anticipation to be accidental it is instead necessary that the skilled person would have never taken it into consideration. (item 1.6 of the reasons)"
- Cited cases
- G 0001/03
ORDER
For these reasons it is decided that:
The appeal is dismissed.