T 0888/90 (Sub-combination) of 01.07.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T088890.19920701
- Date of decision
- 1 July 1992
- Case number
- T 0888/90
- Petition for review of
- -
- Application number
- 86304441.8
- IPC class
- A61M 1/36
- 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
- -
- Applicant name
- Baxter
- Opponent name
- -
- Board
- 3.2.02
- Headnote
A sub-combination with no function other than that of an intermediary building block for providing an inventive full combination may, in principle, also be patentable, if expressly presented as such for that purpose.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52 1973European Patent Convention Art 84 1973
- Keywords
- Clarity (yes, after amendment)
Omission of a feature
Sub-combinations
Patentability - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution on the basis of Claims 1 to 10 according to the main request, as specified in point V above.
3. The request for the reimbursement of the appeal fee is rejected.