European Patent Office

T 0198/84 (Thiochloroformates) of 28.02.1985

European Case Law Identifier
ECLI:EP:BA:1985:T019884.19850228
Date of decision
28 February 1985
Case number
T 0198/84
Petition for review of
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Application number
80104945.3
IPC class
-
Language of proceedings
German
Distribution
Published in the EPO's Official Journal (A)
Download
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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
Hoechst
Opponent name
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Board
3.3.01
Headnote

A fairly broad range of numbers delimited by minimum and maximum values (in this case, >0 and <100 mol%) does not necessarily represent a disclosure, ruling out the selection of a subrange, of all the numerical values between these minimum and maximum values if the sub-range selected is narrow (in this case, 0.02 - 0.2 mol%) and sufficiently far removed from the known range illustrated by means of examples (in this case, 2 - 13 mol%). The sub-range is novel not by virtue of an effect which occurs only within it; but this effect permits the inference that what is involved is not an arbitrarily chosen specimen from the prior art but another invention (purposive selection).

Keywords
Novelty of a range of numbers
Selection - novelty of the selected range
Inventive step - subrange
Catchword
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Cited cases
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ORDER

For these reasons, it is decided that:

The appeal is dismissed.