T 0131/03 of 22.12.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T013103.20041222
- Date of decision
- 22 December 2004
- Case number
- T 0131/03
- Petition for review of
- -
- Application number
- 92117031.2
- IPC class
- G03G 5/06
- 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
- Photoconductor for electrophotografy
- Applicant name
- FUJI ELECTRIC CO., LTD.
- Opponent name
- Canon Kabushiki Kaisha
- Board
- 3.4.02
- Headnote
In inter-partes proceedings the burden of proof rests primarily upon the opponent. However, when the latter has established a strong presumption that unusual parameters as used to define the claimed subject-matter are inherently disclosed in the prior art, the patent proprietor cannot merely claim the benefit of the doubt. It is incumbent upon him to contribute in establishing to which extent such parameters, which he freely chose to use in the definition of his invention, actually distinguish the claimed subject-matter from the prior art (points 2.3 to 2.8 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 54 1973
- Keywords
- Novelty: main request: no: definition in terms of unusual parameters: inherent disclosure burden of proof
Auxiliary requests: not admitted because late-filed and raising new issues - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.