T 0749/89 of 16.12.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T074989.19921216
- Date of decision
- 16 December 1992
- Case number
- T 0749/89
- Petition for review of
- -
- Application number
- 82112078.9
- IPC class
- C08G 61/12
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Integrated process for the preparation of substantially linear high molecular weight thermoplastic polymers from aryl polyhalide monomers
- Applicant name
- AMOCO COPRORATION
- Opponent name
- BASF Aktiengesellschaft
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - prejudices in the art
- Catchword
- The existence of a prejudice in the art against the use of a certain step is no more than one example of overcoming a deterrent to its adoption. If there is no prejudice, but a patentee asserts credibly that known facts would have deterred a skilled worker from adopting a certain step, the burden is transferred to the opponent to show either that the facts asserted by the patentee are incorrect, or that despite their being correct, there would still have been no significant deterrent. (T 119/82 "Gelation/EXXON" OJ EPO 1984, 217 amplified.)
- Cited cases
- T 0119/82
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent as granted.