T 0271/84 (Gas purification) of 18.03.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T027184.19860318
- Date of decision
- 18 March 1986
- Case number
- T 0271/84
- Petition for review of
- -
- Application number
- 80300826.7
- IPC class
- C01B 3/16
- 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
- Air Products
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. If a process has been performed successfully on a commercial scale for more than 20 years in spite of economic disadvantages associated with it, and the claimed invention provides a solution to the technical problem of avoiding such economic disadvantages, this supports a finding of inventive step.
2. An amendment to a claim to clarify an inconsistency does not contravene Art. 123(2) or (3) if the amended claim has the same meaning as the unamended claim, on its true construction in the context of the specification.
3. The introduction of new grounds of opposition and new documents at the appeal stage of opposition proceedings may not be allowable, in the exercise of discretion under Art. 114(2), depending especially upon the degree of relevance and the lateness.
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step
Admissible explanatory amendment of claims
Amendment of claims/admissible explanatory
New documents in appeal - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. the decision under appeal is set aside;
2. the patent is maintained as amended and presented during oral proceedings.