T 0001/81 (Thermoplastics sockets) of 04.05.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:T000181.19810504
- Date of decision
- 4 May 1981
- Case number
- T 0001/81
- Petition for review of
- -
- Application number
- 78300387.4
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- AECI
- Opponent name
- -
- Board
- 3.2.02
- Headnote
I. In assessing the state of the art, including a brochure and patent publications, the fact that the former was claimed to represent current actual practice was not decisive. In the art of jointing thermoplastics parts to form an end product, the teaching of accomplishing a homogeneously fused joint considered obvious from the prior art. Consideration of reversal of procedure with regard to steps in producing component parts in assessing inventive step.
II. In the case of independent claims for a product and a process, the patentability of one has no necessary influence on the patentability of the other.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention R 29(1) 1973European Patent Convention R 30 1973
- Keywords
- Actual practice
Homogeneous fusing
Independent claims product/process
Inventive step (denied) - current actual practice
State of the art - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the Decision of the Examining Division of the European Patent Office dated 23 September 1980 is rejected with reference to Article 52(1) and 56 EPC and that Decision thereby confirmed.