T 0133/92 (Bleaching activators/AKZO) of 18.10.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T013392.19941018
- Date of decision
- 18 October 1994
- Case number
- T 0133/92
- Petition for review of
- -
- Application number
- 86200688.9
- IPC class
- C07C 143/44
- 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
- P-sulphophenyl alkyl carbonates and their use as bleaching activators
- Applicant name
- Akzo Nobel N.V.
- Opponent name
- Unilever PLC/Unilever N.V.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 125 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (no; for main and first auxiliary request) - selection of a group of compounds
Novelty (yes; second auxiliary request) - selection of individualised compounds
Inventive step (yes)
Right to be heard (yes) - decision based on new claims filed during oral proceedings at which the Opponent was not represented
Not new fact: G 4/92 distinguished
Principle of legal certainty: Art. 125 EPC - Catchword
- A claimed group of compounds essentially resulting from omitting those parts of a larger group of compounds which a skilled person would have immediately considered as being less interesting than the rest, cannot be selectively novel.
- Cited cases
- G 0004/92
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division with the order to maintain the patent with the claims as submitted during the oral proceedings as auxiliary request A, after corresponding amendments of the description.