T 0658/90 (Saddles/NIPPON) of 24.02.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T065890.19940224
- Date of decision
- 24 February 1994
- Case number
- T 0658/90
- Petition for review of
- -
- Application number
- 85307380.7
- IPC class
- B01J 35/02
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Silver catalyst for production of ethylene oxide and method for manufacture thereof
- Applicant name
- Nippon Shokubai Kagaku Kogyo Co., Ltd.
- Opponent name
- Bayer AG, Leverkusen
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes) - Claimed features responsible for the improvement - Comparative examples
Burden of proof - contrary assertions of the parties - Benefit of doubt - Catchword
- -
- Cited cases
- T 0219/83
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The appeal is dismissed.
2. The request for correction under Rule 88 EPC is granted.
3. The decision under appeal is set aside and the case is remitted to the first instance with the order to maintain the patent on the basis of the claims submitted on 4 December 1989 with Claim 1 amended by correction of "ehtylene" in line 2 to "ethylene", of "siler" in line 3 to "silver" and of "cc" in line 9 to "cm3", and a description to be adapted.