T 1666/16 of 23.01.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T166616.20200123
- Date of decision
- 23 January 2020
- Case number
- T 1666/16
- Petition for review of
- -
- Application number
- 05795766.4
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- POLYVINYLIDENE FLUORIDE RESIN POWDER FOR MELT MOLDING AND PROCESS FOR PRODUCING MOLDING FROM THE RESIN POWDER
- Applicant name
- Kureha Corporation
- Opponent name
- Solvay Specialty Polymers Italy S.p.A.
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 54(2)European Patent Convention Art 56
- Keywords
- Grounds for opposition - subject-matter extends beyond content of earlier application (no)
Novelty (yes)
Parametric condition not shown to be fulfilled by prior art - no reversal of the burden of proof
Prior use - ability of the skilled person to analyse and reproduce the product whose sale is invoked not demonstrated
New prior art and accompanying evidence in order to demonstrate lack of novelty submitted with statement of grounds for appeal- not addmited in the absence of appropriate justification
Inventive step (yes)
Inventive step - objection based on unrealistic closest prior art (ex post facto analysis) - Catchword
- -
Order
For these reasons it is decided that:
The appeal is dismissed.