T 0130/89 (Profile member) of 07.02.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T013089.19900207
- Date of decision
- 7 February 1990
- Case number
- T 0130/89
- Petition for review of
- -
- Application number
- 80106683.8
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Kömmerling
- Opponent name
- Hüls; Atochem
- Board
- 3.2.02
- Headnote
The use of a known material on the basis of its known properties and in a known manner to obtain a known effect in a new combination is not normally inventive ("similar use"). Exceptions to this principle may be allowed in special cases, e.g. where a selection brings unexpected advantages, a known prejudice is orvercome or unforeseen difficulties are encountered, such as the need to alter another component.
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (no)
Two partial problems technically independent of each other
Inventive step - similar use - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that: The appeal is dismissed.