T 0234/03 (Jet ink composition/VIDEOJET TECHNOLOGIES) of 18.05.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T023403.20060518
- Date of decision
- 18 May 2006
- Case number
- T 0234/03
- Petition for review of
- -
- Application number
- 98945406.1
- IPC class
- C09D 11/00
- 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
- Jet ink composition
- Applicant name
- Videojet Technologies Inc.
- Opponent name
- -
- Board
- 3.3.01
- Headnote
To be relevant for demonstrating that a technical improvement is achieved in comparison with the closest state of the art any comparative test presented for that purpose must be reproducible on the basis of the information thus provided, thereby rendering the results of such tests directly verifiable (T 494/99 followed, cf. point 5.2). That requirement implies, in particular, that the procedure to perform the test relies on quantitative information enabling the person skilled in the art to reliably and validly reproduce it. Vague and imprecise operating instructions render the test inappropriate and thus irrelevant (cf. point 8.4.4 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main and first auxiliary request: novelty (no) -
suitable for use
not a technical feature of the composition
Second auxiliary request: inventive step (no) - improvement (no) - test vague and imprecise - obvious solution - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.