T 0051/87 (Starting compounds) of 08.12.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T005187.19881208
- Date of decision
- 8 December 1988
- Case number
- T 0051/87
- Petition for review of
- -
- Application number
- 78300831.1
- IPC class
- C07D 493/22
- 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
- Merck
- Opponent name
- -
- Board
- 3.3.02
- Headnote
1. If a document necessary for carrying out the invention is not mentioned in the application as originally filed, the invention may nevertheless sufficiently be disclosed (Art. 83 EPC) if the document is part of the common general knowledge (following decision T 11/82, "Control circuit/LANSING BAGNALL", OJ EPO 1983, 479-492, at point 22).
2. Where the starting compounds are highly elaborated microbial metabolites, opening a field of research which is so new that technical knowledge is not yet available from textbooks, special considerations prevail on whether or not the common general knowledge of the man skilled in the art may include a patent specification (in contrast to the situation in the classical field as in T 171/84, "Redox Catalyst", OJ EPO 1986, 95 and T 206/83, "Herbicides", OJ EPO 1987, 5).
2. If a document is part of the common general knowledge and is the closest prior art, it may have to be introduced into the description (Rule 27(1)c) EPC). Article 123(2) EPC is not thereby contravened (following decision T 11/82).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 83 1973European Patent Convention R 27(1)(c) 1973
- Keywords
- Relevant background art - inclusion in the description
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that: - The decision of the Opposition Division is set aside. - The case is remitted to the Opposition Division with the order to maintain the patent in amended form by including an indication to DE-A-2 717 040 in accordance with Rule 27(1)(c) EPC.