T 1865/22 of 21.10.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T186522.20241021
- Date of decision
- 21 October 2024
- Case number
- T 1865/22
- Online on
- 20 January 2025
- Petition for review of
- -
- Application number
- 17720839.4
- IPC class
- C09D 9/00
- 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
- Abstract on Article 056 EPC
- Application title
- A NON-AQUEOUS STRIPPING COMPOSITION AND A METHOD OF STRIPPING AN ORGANIC COATING FROM A SUBSTRATE
- Applicant name
- Atotech Deutschland GmbH & Co. KG
- Opponent name
- CHEMETALL GmbH
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)European Patent Convention R 106
- Keywords
- Inventive step
Amendment to appeal case
Obligation to raise objections - objection dismissed - Catchword
- The mere fact that claimed subject-matter excludes a technical feature disclosed in the closest prior art as being essential or advantageous for a technical effect cannot in itself establish the existence of an inventive step. Rather, where the exclusion of the technical feature in question is the only feature distinguishing the claimed subject-matter from the closest prior art, it must be shown that the claimed subject-matter achieves said technical effect to an extent comparable to that of the closest prior art, even without this feature. Without such proof, the claimed subject-matter merely results in an obvious deterioration of the technical effect described in the closest prior art (see point 5.3 of the Reasons).
- Cited cases
- G 0002/21
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.