T 0288/84 (Activated support) of 07.02.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T028884.19860207
- Date of decision
- 7 February 1986
- Case number
- T 0288/84
- Petition for review of
- -
- Application number
- 78200273.7
- IPC class
- B01J 27/08
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Stamicarbon
- Opponent name
- -
- Board
- 3.3.01
- Headnote
If an invention relates to the improvement of prior art originally cited in the description of the invention, a feature (here: "activated" support) described in broad terms in the cited document but not mentioned expressly in the invention is sufficiently disclosed if it is realised in the examples of the invention in the form of an embodiment also mentioned in the reference document (here: activation by grinding).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 83 1973
- Keywords
- Disclosure
Supplementing the claim with a feature form the state of the art
Inclusion of such a feature in the precharacterising portion
Amendment of claim
Claim/supplemented with a feature from the state of the art - Catchword
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- Cited cases
- -
- Citing cases
- T 1125/17
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the previous instance with the order that the European patent be maintained subject to an amendment in the form of the addition in the German text of Claims 1 and 7, column 10, line 41, and column 11, line 18, respectively, of the word "aktivierten" (activated) before "Magnesiumhalogenid" (magnesium halide).