T 0357/02 of 30.07.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T035702.20040730
- Date of decision
- 30 July 2004
- Case number
- T 0357/02
- Petition for review of
- -
- Application number
- 95914085.6
- IPC class
- C08F 10/00
- 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 for transitioning between incompatible polymerization catalysts
- Applicant name
- ExxonMobil Chemical Patents Inc.
- Opponent name
- Basell Polyolefine GmbH
BP Chemicals Ltd
Mobil Oil Corporation - Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Inventive step - problem and solution
Inventive step - obvious combination of known features - Catchword
- It follows from the minimalist character of a technical problem objectively arising from a closest state of the art, which can only be formulated as a modification of that state of the art, regardless of a success or failure of the measures applied, that almost any modification of the latter might be regarded as a feasible alternative by a person skilled in the relevant art, and therefore obvious, since each corresponding solution would be equally useful (or useless). (cf. Reasons 6.2)
- Cited cases
- -
- Citing cases
- T 1169/17
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.