T 0026/81 (Containers) of 28.10.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:T002681.19811028
- Date of decision
- 28 October 1981
- Case number
- T 0026/81
- Petition for review of
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- Application number
- 78300221.5
- 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
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- Applicant name
- ICI
- Opponent name
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- Board
- 3.2.02
- Headnote
If it is impossible to satisfy the requirement of Rule 27(1)(d) EPC that the invention should be disclosed in such terms that the technical problem and its solution can be understood, - a requirement which is of a mandatory character -, then it will be clear that an invention within the meaning of Article 52 EPC does not exist; but if it is accepted by an Examining Division that an independent claim defines a patentable invention, it must be possible to derive a technical problem from the application. Thus, the requirement of Rule 27(1)(d) EPC can not be set up as a separate formal criterion independent of inventiveness.
- Relevant legal provisions
- European Patent Convention Art 111 1973European Patent Convention Art 52 1973European Patent Convention Art 82 1973European Patent Convention Art 84 1973European Patent Convention R 27(1)(d) 1973European Patent Convention R 27(2) 1973European Patent Convention R 30 1973
- Keywords
- Claims supported by description
Description and technical problem
Invention solves more than one problem
Unity of invention
Violation of the Rules governing the content of the description
Technical problem and inventiveness - Catchword
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- Cited cases
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ORDER For these reasons, it is decided that:
The Decision of the Examining Division dated 16 March 1981 is set aside. The application is remitted to the Examining Division for continued examination.