European Patent Office

T 0684/02 of 12.10.2007

European Case Law Identifier
ECLI:EP:BA:2007:T068402.20071012
Date of decision
12 October 2007
Case number
T 0684/02
Petition for review of
-
Application number
90310971.8
IPC class
H01B 3/44
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
-
Application title
Low dissipation-factor fluorocarbon resins and cables prepared therefrom
Applicant name
E.I. DU PONT DE NEMOURS AND COMPANY
Opponent name
Dyneon LLC
Board
3.3.03
Headnote
-
Keywords
Amendments - reinstatement of features (no)
Amendments - opposition proceedings
Costs - apportionment - (no)
Novelty - Effects of processes
Novelty - prior disclosure and common general knowledge
Catchword
1. The Enlarged Board of Appeal limited its Orders in G 0002/88 (part (iii)) and in G 0006/88 explicitly to a claim to the "use of a known compound", in which a technical effect should be interpreted as a functional technical feature.
In the Board's view, this leaves no room for further expansion of this ruling to claims worded otherwise (Nos. 5.3.4 and 5.3.5 of the reasons).
2. The Board shares the view expressed in No. 3.2.3 of the reasons in T 0210/93 that the use of a process for a particular purpose is "nothing but that very same process" (No. 5.6 of the reasons).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The Appeal of Appellant 1/Patent Proprietor is dismissed.

3. The patent is revoked.

4. The request for apportionment of costs of Appellant 2/Opponent is refused.