T 0106/84 (Packing machine) of 25.02.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:T010684.19850225
- Date of decision
- 25 February 1985
- Case number
- T 0106/84
- Petition for review of
- -
- Application number
- 81901154.5
- 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
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- Application title
- -
- Applicant name
- Michaelsen
- Opponent name
- -
- Board
- 3.2.01
- Headnote
1. What at first sight appears to be an obvious step of incorporating a known device in a known machine may not be such if there is evidence that this results in simplification of design coupled with improved performance in use and the solution of a long-standing problem.
2. There is a danger that the difficulty of developing a simple solution without sacrifice of quality will be disregarded when obviousness is assessed with the benefit of hindsight. Care must be taken not to destroy applications for lack of inventive step when persons in the related industry would recognise that it is very surprising that no one had ever hit upon the simple solution before.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 56 1973
- Keywords
- Commercial success
Inventive step/use of known element for a new purpose
Inventive step - long standing problem
Simplification - indication of non-obviousness
Unexpected advantage - 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 the European Patent Office dated 2 November 1983 is set aside.
2. The application is remitted to the first instance with the order to grant a European patent on the basis of the following documents:
- Claims 1 to 3 and
- description, pages 1, 2 and 2a, as received on 2 November 1984
- pages 3 to 6 and drawing sheet 1/1 as originally filed.
3. The request for reimbursement of the appeal fee is refused.