T 0037/82 (Low-tension switch) of 29.07.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T003782.19830729
- Date of decision
- 29 July 1983
- Case number
- T 0037/82
- Petition for review of
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- Application number
- 78101828.8
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Siemens
- Opponent name
- -
- Board
- 3.5.01
- Headnote
I. Where a technical feature was clearly disclosed in the original application but its effect was not mentioned or not mentioned fully, yet it can be deduced from the original application on the basis of normal expert considerations, subsequent clarification of that effect in the description does not contravene Article 123(2) EPC.
II. In assessing the inventive step of a combination of features consideration must be given to a feature only if the applicant has provided evidence that it contributes either independently or in conjunction with one or more of the other features, to the solution of the problem set in the description.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973
- Keywords
- Amendment to claims
Combination of features
Inventive step - effect not mentioned
Inventive step - dimensions
Subsequent specification of effect - Catchword
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- Cited cases
- -
- Citing cases
- T 0065/87T 0386/87T 0214/89T 0144/90T 0345/90T 0425/90T 0206/91T 0278/92T 0504/92T 0574/92T 0545/93T 0164/94T 0226/94T 0259/94T 0483/94T 0912/94T 0417/95T 0589/95T 0434/97T 0418/98T 0471/98T 0878/98T 0241/00T 0817/00T 0685/01T 0442/02T 0334/03T 0500/04T 0258/05T 0529/05T 1632/06T 1144/07T 0291/09T 1798/09T 0023/12T 1357/12T 1017/13T 1076/23
ORDER
For these reasons, it is decided that:
The decision under appeal is set aside and the case is remitted to the Examining Division with the order to grant a European patent on the basis of the following documents:
1. description with amendments dated 3 May 1983,
2. claims as requested at the oral proceedings held on 17 December 1982,
3. original drawing.