T 0184/05 of 05.02.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T018405.20080205
- Date of decision
- 5 February 2008
- Case number
- T 0184/05
- Petition for review of
- -
- Application number
- 98105741.7
- IPC class
- C30B 29/12
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Calcuim Fluoride crystal, optical article and production method
- Applicant name
- CANON KABUSHIKI KAISHA
- Opponent name
- Schott Lithotec AG
- Board
- 3.2.07
- Headnote
An impurity concentration value of a product obtained under specific process conditions cannot be taken in strict isolation from the examples unless it has been demonstrated that this value is not so closely associated via the applied process with specific (undisclosed) maximum values of all other impurities comprised in the product (see points 1.1.1 to 1.1.6 of the reasons)
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 13
- Keywords
- -
- Catchword
- -
- Citing cases
- T 1827/12
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent with claims 1 and 2 of auxiliary request 6 filed at the oral proceedings, description and figures to be adapted.