T 2759/17 of 07.10.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T275917.20211007
- Date of decision
- 7 October 2021
- Case number
- T 2759/17
- Petition for review of
- -
- Application number
- 07742566.8
- IPC class
- A01N 63/00A01N 31/02A01P 15/00
- 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
- COMPOSITION OF BIOFILM CONTROL AGENT
- Applicant name
- Kao Corporation
- Opponent name
- Henkel AG & Co. KGaA
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 83
- Keywords
- Sufficiency of disclosure
Novelty
Inventive step - Catchword
- A disclosure within a prior art document can only be considered to represent a suitable starting point for assessing inventive step if the skilled person would have realistically started from it. An important consideration in this assessment generally is whether this disclosure aims at the same or a similar purpose or effect as that underlying the patent in question (see in particular 5.3 to 5.6 of the Reasons).
Order
For these reasons it is decided that:
The appeal is dismissed.