T 0255/91 (Priority) of 12.09.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T025591.19910912
- Date of decision
- 12 September 1991
- Case number
- T 0255/91
- Petition for review of
- -
- Application number
- 86103489.0
- IPC class
- B01D 53/04C01B 13/02
- 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
- Air Products
- Opponent name
- -
- Board
- 3.4.02
- Headnote
A patent application cannot serve as a basis for claiming a right of priority for a European application under Article 87(1) EPC where an application has been filed prior to the said application and this subsequent application is distinguished from the previous application only by a limitation of the scope of protection (e.g. a disclaimer) which does not change the nature of the invention (cf. T 73/88 "Snackfood/HOWARD", headnote published in OJ 1990,No.5). This, of course, does not apply where Article 87(4) EPC is applicable, i.e. the previous first application has left no rights outstanding.
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 87(1) 1973European Patent Convention Art 87(3) 1973
- Keywords
- Claimed priority (no)
Novelty (no)
Prior application by legal predecessors of applicant, disclosing same features with large range of values
Limitation (e.g. "disclaimer) limits the scope, but does not change the nature of the invention - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal is dismissed.