T 0233/90 (Recording medium) of 08.07.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T023390.19920708
- Date of decision
- 8 July 1992
- Case number
- T 0233/90
- Petition for review of
- -
- Application number
- 83306618.6
- IPC class
- G11B 5/70
- 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
- Magnetic recording medium
- Applicant name
- Konica Corporation
- Opponent name
- 01) Bayer AG, Leverkusen Konzernverwaltung RP
02) BASF Aktiengesellschaft, Ludwigshafen - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54(3) 1973
- Keywords
- Novelty (no) - implicit disclosure
Usual manner on the effective date of this document - Only one usual manner on this date - Catchword
- When assessing novelty, it is not permissible to "combine" separate items of prior art together. Only the actual content of a prior document as it would have been understood by a skilled person on its effective date can destroy novelty. In the case of a prior document according to Article 54(3), the effective date is the date of filing or the priority date of the said document. However, in a case such as the present, where the document according to Article 54(3) refers to "a usual manner" of preparing a product, it is permissible to use documents of reference such as handbooks, encyclopaedia or dictionaries in order to determine what the skilled person would have understood by such a reference on the effective date of the prior document.
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The main request is rejected.
3. The case is remitted to the Opposition Division for further prosecution on the basis of auxiliary requests A to D.