T 0595/90 (Grain oriented silicon sheet) of 24.05.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T059590.19930524
- Date of decision
- 24 May 1993
- Case number
- T 0595/90
- Petition for review of
- -
- Application number
- 81303891.6
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Grain-oriented silicon steel sheets having a very low iron loss and methods for producing the same
- Applicant name
- Kawasaki Steel
- Opponent name
- Nippon Steel
Thyssen Stahl
Ugine Aciers - Board
- 3.2.02
- Headnote
1. Observations submitted as filed after the "adjournment" of the oral proceedings, which means the closing of the debate (in French "prononcer la clôture des débats" and in German "die sachliche Debatte für beendet erklären") are disregarded by the Board unless it reopens the debate. The reopening depends on the Board's discretion (point 1 of the Reasons).
2. A product which can be envisaged as such with all the characteristics determining its identity including its properties in use, i.e. an otherwise obvious entity, may become non-obvious and claimable as such, if there is no known way or applicable (analogy) method in the art to make it and the claimed methods for its preparation are the first to achieve this and do so in an inventive manner (point 5 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 116(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Method claim
Inventive step (no)
Product made by method also not inventive
Basis of decision
Right to be heard
Oral proceedings - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.