T 0560/89 (Filler mass) of 24.04.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T056089.19910424
- Date of decision
- 24 April 1991
- Case number
- T 0560/89
- Petition for review of
- -
- Application number
- 82100325.8
- IPC class
- F17C 11/00
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- N.I.Industries
- Opponent name
- Linde
- Board
- 3.3.02
- Headnote
A person skilled in the art who is confronted with a technical problem in a specific technical field would consider consulting another technical field where the same problem is well known to the general public owing to widespread debate thereon, even if this other field is neither a neighbouring field nor a broader general field provided that there exists a relationship between the kinds of materials used in the specific field and those used in this other field (see point 5 of the Reasons for the Decision; further to T 176/84, OJ EPO 1986,50 and T 195/84, OJ EPO 1986,121).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Relevant state of the art
Problem well known to the public in a different technical field
Related materials
Inventive step (affirmed) - unexpected function - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in an amended form on the basis of the European patent specification, pages 1-3 and 6-11 as granted, and pages 4, 5 and 12 as submitted during the oral proceedings.