T 0093/89 (Polyvinyl ester dispersion) of 15.11.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T009389.19901115
- Date of decision
- 15 November 1990
- Case number
- T 0093/89
- Petition for review of
- -
- Application number
- 83106782.2
- IPC class
- C08F 18/06
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Hoechst
- Opponent name
- Henkel
- Board
- 3.3.03
- Headnote
1. If an alleged prior public use is not adequately substantiated, it is immaterial and, if not submitted in due time, may be disregarded under Article 114(2) EPC.
2. Prior public use is only adequately substantiated if specific details are given of what was made available to the public where, when, how and by whom.
3. If the composition of a commercially available product can be established only by a chemical analysis, the ingredients of the product have not been made available to the public unless there was reason for experts to investigate it.
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Prior public use not substantiated and not claimed in due time
Prior public use of a commercially available chemical
Commercially available product, grounds for chemical analysis
Inventive step (confirmed) - Catchword
- -
- Cited cases
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ORDER
For these reasons it is decided that:
The appeal is dismissed.