T 0208/88 (Growth regulation) of 28.02.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T020888.19900228
- Date of decision
- 28 February 1990
- Case number
- T 0208/88
- Petition for review of
- -
- Application number
- 80106574.9
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
- T 0208/88 1988-07-20
- Abstracts for this decision
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- Application title
- Mittel zur Regulierung des Pflanzenwachstums, deren Herstellung und deren Verwendung
- Applicant name
- Bayer
- Opponent name
- -
- Board
- 3.3.01
- Headnote
An effect (in this case, growth regulation) not previously described, but actually occurring during the execution of a known teaching (in this case, use as a fungicide) and intended as the basis of a use invention, has at any event not been made available to the public (thereby anticipating the use invention) if it is not revealed so clearly during such execution as to disclose the invention's essential character, at least potentially, to an unlimited number of skilled persons (point 3.1 of the Reasons for the Decision) (cf. G 6/88, OJ EPO 1990, 114).
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention R 67 1973
- Keywords
- Novelty of second non-medical use with same technical means of execution
Reimbursement of appeal fee (no) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The Examining Division's decision of 25 November 1987 is set aside.
2. The matter is remitted to the department of first instance with the order that a patent be granted on the basis of the following documents:
- Claims 1 to 4, received on 30 September 1981;
- the description, published as EP-A1-28 755, with editorial amendments still pending.
3. The request for reimbursement of the appeal fee is refused.