T 0677/91 (Mass selective ejection/FINNIGAN) of 03.11.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T067791.19921103
- Date of decision
- 3 November 1992
- Case number
- T 0677/91
- Petition for review of
- -
- Application number
- 83307458.6
- IPC class
- H01J 49/42
- 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
- Method of mass analyzing a sample by use of a quadrupole ion trap
- Applicant name
- Finnigan Corporation
- Opponent name
- Bruker-Franzen Analytik GmbH
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Inventive step (yes)
Novelty - prior disclosure - sufficiency (no) - Catchword
- Not sufficient for a finding of lack of novelty that the claimed features could have been derived from a prior document - necessity for clear and unmistakable teaching (T 204/83 (OJ EPO 1985, 310) and T 56/87 (OJ EPO 1990, 18) followed) (paragraph 1.2). In assessing inventive step, evidence of the practical impact of the claimed invention considered (paragraph 3.3). No different standard of inventiveness between opposition proceedings and national courts - no benefit of doubt for the patentee (paragraph 3.4).
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The appeal is dismissed.