T 0054/82 (Disclosure) of 16.05.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T005482.19830516
- Date of decision
- 16 May 1983
- Case number
- T 0054/82
- Petition for review of
- -
- Application number
- 78300423.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Mobil
- Opponent name
- -
- Board
- 3.3.01
- Headnote
An objection under Article 123(2) does not necessarily arise when an amendment is proposed which involves combining separate features of the original subject-matter of an application. When considering whether different parts of the description in an application may properly be read together, the state of the art may also be taken into account.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention R 86 1973
- Keywords
- Disclosure
Combining separate features - Catchword
- -
- Cited cases
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ORDER
For these reasons, It is decided that:
1. The decision of Examining Division of the European Patent Office dated 26 October 1981 is set aside.
2. The case is remitted to the first instance, with the order to reconsider it on the basis of the decision of the Board. The documents to be valid are: pages 1 and 5 filed on 19 November 1982, pages 2-4 filed on 21 May 1980, with the one and only difference that the term "dimer" on page 5, line 6 has to be restored.
3. The request for reimbursement of the appeal fee made in the appellant's statement of grounds of 10 February 1982 is rejected.