T 1845/14 of 08.11.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T184514.20181108
- Date of decision
- 8 November 2018
- Case number
- T 1845/14
- Petition for review of
- -
- Application number
- 03785862.8
- IPC class
- C08F 210/16C08L 23/08C08F 4/642
- 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
- COPOLYMERS OF ETHYLENE WITH ALPHA-OLEFINS
- Applicant name
- Basell Polyolefine GmbH
- Opponent name
- Univation Technologies, LLC
Borealis AG - Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention R 43(1)
- Keywords
- Lack of sufficiency of disclosure arising from ambiguous parameter (all requests)
- Catchword
- In case of an unclear parameter defined in a claim whose values required in the claim are indicated in the specification to be essential to solving the problem underlying the patent at issue, the ability of the skilled person to solve that problem by reproducing what is claimed is not a suitable criterion for assessing sufficiency of disclosure when the problem or an effect derivable from it are not explicitly or implicitly part of the definition of the claimed subject-matter (point 9.8 of the Reasons).
Order
For these reasons it is decided that:
1. The appeal is dismissed