T 0741/91 (BON-3-acid/Ueno) of 22.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T074191.19930922
- Date of decision
- 22 September 1993
- Case number
- T 0741/91
- Petition for review of
- -
- Application number
- 82104427.8
- IPC class
- C07C 65/11
- 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
- Process for preparation of 2-hydroxynaphathalene-3- carboxylic acid
- Applicant name
- Kabushiki Kaisha Ueno Seiyaku Oyo Kenkyujo
- Opponent name
- Hoechst Aktiengesellschaft
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 52 1973European Patent Convention Art 56 1973
- Keywords
- inventive step (yes)
problem and solution
comparative test - not expertly worked
feature disclosed in old document disregarded among experts
late submitted material - evidence admitted (no) - Catchword
- 1. A proper application of the so-called "problem-solution- approach" requires the avoidance of formulating artificial and unrealistic technical problems (following T 0495/91; No. 3.3 of the Reasons).
2. All embodiments falling within a process claim have to meet the requirements of patentability set out in Articles 52 to 57 EPC (No. 4.2 of the Reasons).
3. To be relevant, it is sufficient for experiments, which aim at establishing that the promised result cannot be obtained over the whole range of a claim that they are carried out according to the Claim and with the normal experience of the man skilled in the art (Nos.4.2 and 4.3 of the Reasons).
4. An experiment which was not expertly carried out is not credible and sufficient evidence that a claim comprises embodiments which do not solve the technical problem (No. 4.5 of the Reasons). - Cited cases
- T 0495/91
ORDER
For these reasons, it is decided that:
The appeal is dismissed.