T 0005/91 (Sealing gasket/ILPEA) of 24.06.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T000591.19930624
- Date of decision
- 24 June 1993
- Case number
- T 0005/91
- Petition for review of
- -
- Application number
- 85200119.7
- IPC class
- F25D 23/08
- 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
- Sealing gasket between a door and its related shoulder on a cabinet, in particular of a refrigerator
- Applicant name
- ILPEA S.p.A.
- Opponent name
- REHAU AG & Co.
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (no) - Secondary indicia - commercial success
- Catchword
- The commercial success of an invention in a technical field of intense activity, even if proven to be attributable to the claimed subject-matter cannot reverse the conclusion of obviousness arrived at objectively by the problem-solution approach in a case where the solution is suggested by combining the principle of operation of the nearest prior art with the common general knowledge of the person skilled in the art.
- Cited cases
- T 0024/81
- Citing cases
- T 0373/94
ORDER
For these reasons, it is decided that:
1. The impugned decision is set aside.
2. The patent is revoked.