T 1931/14 of 21.02.2018
- European Case Law Identifier
- ECLI:EP:BA:2018:T193114.20180221
- Date of decision
- 21 February 2018
- Case number
- T 1931/14
- Petition for review of
- -
- Application number
- 99905691.4
- IPC class
- F02B 43/00F01K 23/06F25J 3/04
- 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
- COMBINED CRYOGENIC AIR SEPARATION WITH INTEGRATED GASIFIER
- Applicant name
- GE Energy (USA), LLC
- Opponent name
- L'AIR LIQUIDE, Société Anonyme pour L'étude et L'exploitation des procédés Georges Claude
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(2)
- Keywords
- Novelty - main request (yes)
Novelty - functional technical features of a process - Catchword
- In the context of a method it is important to differentiate between different types of stated purpose, namely those that define the application or use of a method, and those that define an effect arising from the steps of the method. Where the stated purpose defines the specific application of the method, in fact it requires certain additional steps which are not implicit in the remaining features, and without which the claimed process would not achieve the stated purpose. On the other hand, where the purpose merely states a technical effect which inevitably arises when carrying out the other remaining steps of the claimed method and is thus inherent in those steps, such a technical effect has no limiting effect because it is not suitable for distinguishing the claimed method from a known one. (point 2.2.4)
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 for further prosecution.