T 0648/88 ((R,R,R)-Alpha-tocopherol) of 23.11.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T064888.19891123
- Date of decision
- 23 November 1989
- Case number
- T 0648/88
- Petition for review of
- -
- Application number
- 82108913.3
- IPC class
- C07C 19/02
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- BASF
- Opponent name
- Hoffmann - La Roche & Co.
- Board
- 3.3.01
- Headnote
1. The same criteria which are generally decisive for determining whether the preparation of a new chemical substance is to be regarded as inventive should in prinicple also be applied when a substance in question is an intermediate. Here the sole determination factor is whether or not its preparation enhances the art in a non-obvious way.
2. An intermediate intended for the preparation of a known end product is deemed to be inventive if its preparation takes place in connection with inventive preparation or inventive further processing, or in the course of an inventive complete process (further to T 22/8, "Bis-epoxy-ethers/BASF", OJ EPO 1982,342.)
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes)
Intermediates in an inventive complete process
Further processing as such not inventive - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. ...
2. ... the decision under appeal ... is set aside.
3. The opposition is rejected.