T 0059/87 (Friction reducing additives/MOBIL IV) of 14.08.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T005987.19900814
- Date of decision
- 14 August 1990
- Case number
- T 0059/87
- Petition for review of
- -
- Application number
- 81300717.6
- IPC class
- C10M 1/54
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0059/87 Additif réduisant le frottement/MOBIL II 1988-04-26T 0059/87 Friction reducing additive/MOBIL II 1988-04-26T 0059/87 Friction reducing additive/MOBIL II 1988-04-26T 0059/87 Reibungsverringernder Zusatz/MOBIL II 1988-04-26
- Abstracts for this decision
- -
- Application title
- Friction reduction additives and compositions thereof
- Applicant name
- Mobil Oil Corporation
- Opponent name
- Chevron
- Board
- 3.3.01
- Headnote
Whether a previously undisclosed technical effect which in fact inevitably occurs when a previously disclosed technical teaching in a written description is carried out has been made available to the public by reason of the teaching in the written description is a question of fact which has to be decided in the context of each individual case (consequential upon Decision G 2/88 of 11 December 1989 "Friction reducing additive/MOBIL OIL III", OJ EPO 1990, 93).
- Relevant legal provisions
- European Patent Convention Art 54 1973
- Keywords
- Novelty of a second non-medical use with same technical means of execution
Compounds disclosed for use as rust inhibitors in oil compositions
No disclosures of the use of such compounds as friction reducing additives for oil compositions
Claimed invention not made available to the public - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent on the basis of Claims 1 to 3 filed on 3 August 1990 and a description to be brought into agreement with the amended claims.