T 1764/06 of 24.06.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T176406.20100624
- Date of decision
- 24 June 2010
- Case number
- T 1764/06
- Petition for review of
- -
- Application number
- 01308838.0
- IPC class
- B01J 35/00
- 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
- Photocatalyst, process for producing the same and photocatalyst coating composition comprising the same
- Applicant name
- Sumitomo Chemical Company, Limited
- Opponent name
- -
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(1) 1973
- Keywords
- Novelty (no) - Definition of a parameter feature representing the only difference from the prior art - Presumption of lack of novelty not displaced by evidence - Benefit of doubt not accorded (Main request)
- Catchword
- In a situation where the applicants have used an unusual parameter feature to define their product, which unusual parameter feature represents the only distinction over otherwise identical known products, and the applicants have decided not to provide evidence that the parameter feature as such represents a difference of the claimed products from the known products, no benefit of doubt can be accorded (Paragraph 2.12 of the Reasons)
- Cited cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.