T 0384/91 (Conflict between Article 123, paragraphs 2 and 3,EPC) of 27.09.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T038491.19940927
- Date of decision
- 27 September 1994
- Case number
- T 0384/91
- Petition for review of
- -
- Application number
- 82306422.5
- IPC class
- G02B 5/00B29D 11/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0384/91 Conflict 1992-11-11T 0384/91 Conflit 1992-11-11T 0384/91 Conflict 1992-11-11T 0384/91 Kollision 1992-11-11
- Abstracts for this decision
- -
- Application title
- Method for the manufacture of a thin optical membrane
- Applicant name
- ADVANCED SEMICONDUCTOR
- Opponent name
- Mitsui
- Board
- 3.4.02
- Headnote
1. The assessment whether in a given opposition case an added feature falls under the exception mentioned in paragraph 2 of the order of decision G 1/93 should only rely on the technical relationship of the added feature with the content of the application as originally filed, as understood by a skilled reader.
2. A feature should not be considered as merely limiting the protection conferred by the granted patent without providing a technical contribution to the invention as claimed, if it interacts with the remaining features of the claim in such terms that it influences the solution of the technical problem which can be understood from the application as originally filed (paragraph 5 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973
- Keywords
- Conflicting requirements of Article 123, paragraphs 2 and 3, EPC
- Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.