T 0470/91 (Unity) of 11.05.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T047091.19920511
- Date of decision
- 11 May 1992
- Case number
- T 0470/91
- Petition for review of
- -
- Application number
- 86306769.0
- IPC class
- C07D 213/64
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- ICI
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. An invention relating to novel intermediates and novel end products has unity if the intermediates oriented towards the final products are sufficiently closely technically related thereto by the contribution of an essential structural element to the end products and if the regulatory provisions of Article 82 EPC are safeguarded.
2. This is also valid if the intermediates belong to two groups of compounds with different basic structures (decisions T 110/82 "Benzyl esters", OJ EPO 1983, 274, T 57/82 "Copolycarbonates", OJ EPO 1982, 306, and T 35/87 "Hydroxypyrazoles", OJ EPO 1988, 134, followed and extended).
- Relevant legal provisions
- European Patent Convention Art 82 1973European Patent Convention R 67 1973European Patent Convention R 68(2) 1973
- Keywords
- Unity of inventions relating to intermediates and final products
Single inventive concept - structural relationship between intermediates unnecessary
Reimbursement of appeal fee (no) - Catchword
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- Cited cases
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- Citing cases
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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 the claims annexed to the decision under appeal.
3. The request for reimbursement of the appeal fee is rejected.