European Patent Office

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)
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.

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.