T 0254/86 (Yellow dyes) of 05.11.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T025486.19871105
- Date of decision
- 5 November 1987
- Case number
- T 0254/86
- Petition for review of
- -
- Application number
- 80103005.7
- IPC class
- C09B 62/085
- 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
- Sumitomo
- Opponent name
- -
- Board
- 3.3.02
- Headnote
An invention which relies on a substantial and surprising improvement of a particular property need not also show advantages over the prior art with regard to other properties relevant to its use, provided the latter are maintained at a reasonable level so that the improvement is not completely offset by disadvantages in other respects to an unacceptable degree or in a manner which contradicts the disclosure of the invention fundamentally (following T 57/84, "Tolylfluanid", 12.8.86, to be reported and T 155/85, "Passivation of Catalyst", 28.7.87, to be reported).
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention R 27(1)(d) 1973
- Keywords
- Inventive step (affirmed)
Technical problem - Combination of effects
Comparison with closest state of the art
Improvement - no improvement in every respect required - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Opposition Division is set aside.
2.The patent is maintained on the basis of Claims 1 to 8 and adapted description as filed on 6 October 1986.