T 2387/22 (Sun Chemical/VMP pigments) of 24.06.2025
- European Case Law Identifier
- ECLI:EP:BA:2025:T238722.20250624
- Date of decision
- 24 June 2025
- Case number
- T 2387/22
- Online on
- 12 September 2025
- Petition for review of
- -
- Application number
- 16751059.3
- 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
- Abstract on Article 084 EPC
- Application title
- DISPERSANT EFFECT ON ALUMINUM PIGMENTS
- Applicant name
- Sun Chemical Corporation
- Opponent name
- 1.Schlenk Metallic Pigments GmbH
2.ECKART GmbH - Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 84
- Keywords
- Inventive step - (no)
Claims - clarity
Claims - auxiliary request (no)
Amendments - extension beyond the content of the application as filed (yes) - Catchword
- Where a claimed invention is defined by the use of a known entity to achieve a known technical effect or purpose, and the alleged technical contribution of the invention resides in a relative improvement or enhancement of that effect or purpose, the requirement of clarity under Article 84 EPC generally demands that the feature defining such relative improvement or enhancement be expressed in objectively verifiable terms, thereby ensuring legal certainty regarding the scope of protection.
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.