T 0766/91 (Decorative laminates/BOEING) of 29.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T076691.19930929
- Date of decision
- 29 September 1993
- Case number
- T 0766/91
- Petition for review of
- -
- Application number
- 88200678.6
- IPC class
- B32B 7/02
- 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
- Decorative laminates with heat release reducing and ink discoloration preventive protective layer
- Applicant name
- The Boeing Company
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 116(1) 1973European Patent Convention Art 56 1973European Patent Convention Art 96(2) 1973European Patent Convention R 71 1973
- Keywords
- Inventive step (yes) - choice of solutions available - common general technical knowledge allegation - challenge to; document first referred to in decision - oral proceedings
- Catchword
- Substantiation of an allegation that something is common general knowledge is only required if this is challenged by another party or the EPO (reasons 8.1) - Information has usually not become common general knowledge because it was published in any particular handbook or textbook, but rather it appears in handbooks or textbooks because it was already common knowledge, thus such a publication is evidence both that the information is known and that it is common general knowledge (reasons 8.2).
- Cited cases
- T 0020/81
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 with the order to grant a patent on the basis of Claims 1 to 16 as submitted during the oral proceedings before the Examining Division on 9 April 1991 and the description on file.