T 0211/06 of 25.04.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T021106.20070425
- Date of decision
- 25 April 2007
- Case number
- T 0211/06
- Petition for review of
- -
- Application number
- 01982798.9
- IPC class
- B01J 37/02
- 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
- Processing method utilizing display information and cell structure processed by the processing method
- Applicant name
- NGK INSULATORS, LTD.
- Opponent name
- -
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention R 27 1973Patent Cooperation Treaty R 5
- Keywords
- Internal art and subjective
laboratory practice
- not prior art under Article 54(2) EPC, and not a possible correct starting point for assessing inventive step - Catchword
- Disclosure in the application as filed which turns out on the available evidence not to be prior art under Article 54(2) EPC cannot be used as starting point for assessing inventive step nor can subjective "laboratory practice" put forward by the examining division without any objective evidence that this was knowledge available to the public be used as a starting point for assessing inventive step.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.