T 0378/86 (Change of category) of 21.10.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T037886.19871021
- Date of decision
- 21 October 1987
- Case number
- T 0378/86
- Petition for review of
- -
- Application number
- 80105926.2
- IPC class
- B29C 49/78
- 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
- Vorrichtung zum Regeln der Förderleistung eines Extruders
- Applicant name
- Moog
- Opponent name
- Krupp-Kautex
BEKUM - Board
- 3.2.02
- Headnote
1. A change of category after a patent has been granted is admissible, having regard to Article 123(3) EPC, only in exceptional cases.
2. Where the granted patent relates to a method of working, its subsequent conversion into an apparatus patent is such an exceptional case if the extent of protection conferred by the process patent (Article 69 EPC) encompasses the apparatus for carrying out the method of working. However, it is then necessary for the means of carrying out the process to be described in such detail and so comprehensively that an anverage skilled person can, without undue effort, deduce fully and clearly the apparatus suitable for carrying out the protected process from the technical teaching defined in the process patent.
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention R 58(4) 1973
- Keywords
- Opposition proceedings - admissibility of change of category
Method of working
Apparatus
Conversion of a process patent into an apparatus patent - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the department of first instance with the order that European patent No. 27 575 be maintained in the following form: