T 0142/84 (Inventive step) of 08.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T014284.19860708
- Date of decision
- 8 July 1986
- Case number
- T 0142/84
- Petition for review of
- -
- Application number
- 79301883.9
- IPC class
- A44B 11/25B60R 21/10
- 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
- BRITAX
- Opponent name
- -
- Board
- 3.2.01
- Headnote
1. When the problem and solution approach is being applied to the determination of the question of inventive step, it is not necessary that the problem solved by the subject-matter of a prior document in the same specialised technical field should have been stated expressis verbis in that document, in order to establish that an inventive step is lacking on the basis of the disclosure in that document.
2. An extremely relevant document disclosing the combination of features forming the characterising part of a two-part claim may be admitted after the period for opposition has expired even in appeal proceedings, in the exercise of discretion under Article 114(2) EPC. (Considerations affecting the exercise of such discretion mentioned in case T 271/84 applied).
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step/problem and solution approach
New citation in appeal proceedings - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
(1) The decision of the Opposition Division is set aside.
(2) The European Patent No. 9373 is revoked.