T 0069/83 (Thermoplastic moulding compositions) of 05.04.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T006983.19840405
- Date of decision
- 5 April 1984
- Case number
- T 0069/83
- Petition for review of
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- Application number
- 78101145.7
- IPC class
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- 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
- Bayer
- Opponent name
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- Board
- 3.3.01
- Headnote
I. The mere fact that the disadvantage resulting from the omission of a component of a mixture recognised in the art as advantageous is accepted does not mean that a prejudice has been overcome.
II. Where, because of an essential part of the technical problem being addressed, the state of the art obliges a skilled person to adopt a certain solution, that solution is not automatically rendered inventive by the fact that it also unexpectedly solves part of the problem.
- Relevant legal provisions
- European Patent Convention Art 52 1973European Patent Convention Art 56 1973
- Keywords
- Closest state of the art
Inventive step - omission of a component of a mixture
Obvious effect
Prejudice (denied) - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Opposition Division of the European Patent Office of 4 November 1982 is set aside.
2. European patent No. 0 001 624 is revoked.