European Patent Office

T 0194/84 (Cellulose fibres) of 22.09.1988

European Case Law Identifier
ECLI:EP:BA:1988:T019484.19880922
Date of decision
22 September 1988
Case number
T 0194/84
Petition for review of
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Application number
80303285.3
IPC class
H01M 4/24
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
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
General Motors
Opponent name
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Board
3.4.01
Headnote

The test for additional subject-matter corresponds to the test for novelty only insofar as both require assessment of whether or not information is directly and unambiguously derivable from that previously presented, in the originally filed application or in a prior document respectively. An amendment is not allowable if the resulting change in content of the application, in other words the subject-matter generated by the amendment, is novel when compared with the content of the original application. Therefore what is to be tested is the change in content, i.e. the amended content minus the original content. Only then is the test applicable also to amendment by generalisation or omission of a feature (cf. point 2.4 of the Reasons).

Keywords
Inadmissible generalisation
Novelty test
Catchword
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Cited cases
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ORDER

For these reasons, it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the Examining Division with the order to grant a patent on the basis of Claims 1 to 3 received 10. January 1985 and designated alternative No.2, amended as follows: Claim 1, line 7 - "intimate" is amended to "substantially homogeneous" Claim 1, line 12 - spelling of "entanglement" is corrected. Claim 2, line 31 - "mixture" is amended to "admixture"; and a description adapted to the amended claims.

3. The request for reimbursement of the appeal fee is refused.