T 0230/07 (Colloidal binder/PAROC) of 05.05.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T023007.20100505
- Date of decision
- 5 May 2010
- Case number
- T 0230/07
- Petition for review of
- -
- Application number
- 01947491.5
- IPC class
- B01J 13/00
- 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
- Method for the preparation of a colloidal silicate dispersion
- Applicant name
- Paroc Oy Ab
- Opponent name
- ROCKWOOL INTERNATIONAL A/S
- Board
- 3.3.05
- Headnote
Novelty and inventive step are two distinct requirements for the patentability of an invention and therefore different criteria should apply for their assessment. So, when assessing novelty of an invention, the presence or absence of a technical effect within a sub-range of numerical values is not to be taken into account in the assessment of novelty.
For establishing novelty of a sub-range of numerical values from a broader range, the selected sub-range should be narrow and sufficiently far removed from the known broader range illustrated by means of examples. A sub-range is not rendered novel by virtue of a newly discovered effect occurring within it.
Reasons 4.1.6.
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(1)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Sufficiency of disclosure (yes)
Novelty (yes)
Inventive step (yes): non-obvious alternative - Catchword
- -
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 with the order to maintain the patent in amended form on the basis of claims 1 to 19 of the new main request filed at the oral proceedings, and a description to be adapted accordingly.