T 0386/17 of 25.03.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T038617.20210325
- Date of decision
- 25 March 2021
- Case number
- T 0386/17
- Petition for review of
- -
- Application number
- 07017348.9
- IPC class
- H01L 21/20
- 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
- Epitaxial silicon wafer and fabrication method thereof
- Applicant name
- SUMCO CORPORATION
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973
- Keywords
- Novelty - (no)
- Catchword
- A claimed feature that an angle has a magnitude of "more than 0 degrees" does not establish novelty over a prior art disclosure in which the corresponding angle is equal to 0 degrees, since the feature encompasses values closer to 0 degrees than the finite error margin to which the determination of the magnitude of the angle would always be subject, and such values would, in practice, be indistinguishable from 0 degrees (see Reasons, point 2.8, confirming T 594/01).
- Cited cases
- T 0594/01
Order
For these reasons it is decided that:
The appeal is dismissed.