T 0006/84 (Amendment of claims) of 21.02.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:T000684.19850221
- Date of decision
- 21 February 1985
- Case number
- T 0006/84
- Petition for review of
- -
- Application number
- 80300440.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Catalytic dewaxing of hydrocarbon oils with synthetic offretite
- Applicant name
- Mobil
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Structural features of a means for performing a chemical process (here: the catalyst "offretite") which are not mentioned in the application documents themselves but in a document (here: a Canadian Patent specification) to which they refer may be incorporated into a patent claim if they unequivocally form part of the invention for which protection is sought. However, all the essential structural features thus disclosed which belong together must be incorporated into the claim; it is not permissible to single out a particular one of their number (here: a silica/ aluminia ratio).
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 83 1973
- Keywords
- Amendment of claims
Disclosure by way of reference - Catchword
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- Cited cases
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ORDER
For these reasons, It is decided that:
1. The decision of the Examining Division of 27 July 1983 is set aside.
2. The case is remitted to the Examining Division with the order to grant a European patent on the basis of Claims 1 to 10 submitted at the oral proceedings.