European Patent Office

T 0173/83 (Antioxydant) of 01.07.1985

European Case Law Identifier
ECLI:EP:BA:1985:T017383.19850701
Date of decision
1 July 1985
Case number
T 0173/83
Petition for review of
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Application number
78400218.0
IPC class
C08L 23/02
Language of proceedings
French
Distribution
Published in the EPO's Official Journal (A)
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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
Telecommunications
Opponent name
Kabel - u. Lackdrahtfabriken
Siemens AG
Board
3.3.01
Headnote

Within the meaning of Article 55(1)(a) EPC, there would be evident abuse if it emerged clearly and unquestionably that a third party had not been authorised to communicate to other persons the information received. Thus there is abuse not only when there is the intention to harm, but also when a third party acts in such a way as to risk causing harm to the inventor, or when this third party fails to honour the declaration of mutual trust linking him to the inventor.

Keywords
Inventive step
Novelty of a problem
Pertinence
Non-prejudicial disclosures
Disclosures - non-prejudicial
Evident abuse in relation to the applicant (denied)
Commencement of the period specified in Article 55(1)
Catchword
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Cited cases
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ORDER

The appeal was dismissed for lack of inventive step pertaining to the totality of claims.