T 0229/90 (Monodisperse emulsions/KONICA) of 28.10.1992

European Case Law Identifier: ECLI:EP:BA:1992:T022990.19921028
Date of decision: 28 October 1992
Case number: T 0229/90
Petition for review of: -
Application number: 82302192.8
IPC class: G03C 1/02
Language of proceedings: English
Distribution: Distributed to board chairmen and members (B)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Silver halide photographic material
Applicant name: KONICA CORPORATION
Opponent name: CIBA-GEIGY AG Patentabteilung
Board: 3.3.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 114(2) 1973 European Patent Convention Art 54 1973
Keywords: Novelty (yes) - construction of cited document in the light of common general knowledge
Catchword: A cited document must be interpreted in the light of common general knowledge available at its publication date. Common general knowledge which did not exist at this date but which only became available at a later date, cannot be used to interpret such a document.
Cited cases: T 0326/87 T 0026/88 T 0097/90 T 0611/90
Citing cases: T 0965/92 T 0786/00 T 0584/09 T 0719/09 T 0177/18

ORDER

For these reasons, it is decided that:

1. The Opposition Division's decision is set aside.

2. The case is remitted to the Opposition Division for further prosecution of the opposition on the basis of the main request.