T 0077/87 (Erroneous abstract) of 16.03.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T007787.19890316
- Date of decision
- 16 March 1989
- Case number
- T 0077/87
- Petition for review of
- -
- Application number
- 80303804.1
- IPC class
- C08F 214/08
- 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
- ICI PLC
- Opponent name
- Hüls
- Board
- 3.3.01
- Headnote
1. When it is clear from related contemporaneously available evidence that the literal disclosure of a document is erroneous and does not represent the intended technical results, such an erroneous disclosure should not be considered as part of the state of the art under Article 54 EPC.
2. When a published abstract contains a cross-reference to its original document which is contemporaneously available, and the literal disclosure of the abstract is inconsistent with the disclosure of the original document, the abstract should be interpreted by reference to the original document for the purpose of ascertaining the technical reality of what has been disclosed. If it is then clear that the disclosure in the abstract is erroneous, such erroneous disclosure should not be considered as part of the state of the art.
- Relevant legal provisions
- European Patent Convention Art 54 1973
- Keywords
- Erroneous abstract
Novelty (yes)
Erroneous disclosure not regarded as novelty-destroying - 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 first instance with an order to maintain the patent with text in accordance with the second auxiliary request filed at the oral proceedings.