T 0268/89 (Magnetic plaster) of 06.02.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T026889.19920206
- Date of decision
- 6 February 1992
- Case number
- T 0268/89
- Petition for review of
- -
- Application number
- 82100942.0
- IPC class
- A61N 1/42A61F 13/02
- 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
- Latzke
- Opponent name
- Pharma Stroschein
- Board
- 3.2.02
- Headnote
Where the inefficacy of a device or process forming part of the prior art is only recognised or alleged after the date of priority or filing, this cannot be cited in formulating the problem. This particularly applies where a problem of the "problem invention" type (cf. T 2/83, "Simethicone Tablet"/RIDER, OJ EPO 1984, 265) is used as an argument to show that an inventive step has taken place. The guiding consideration in assessing inventive step is the knowledge of the skilled person before the date of priority or filing (cf. point 5, paragraph 3, of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Formulation of the problem where the inefficacy of a known device is only recognised after the date of filing
Inventive step (yes, after amendment of claims) - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the department of first instance with instructions to maintain the European patent in amended form on the basis of the documents referred to in section VIII above.