T 0720/92 of 31.05.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T072092.19940531
- Date of decision
- 31 May 1994
- Case number
- T 0720/92
- Petition for review of
- -
- Application number
- 88306175.6
- IPC class
- C08K 5/00
- 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
- Improvements in and relating to packaging
- Applicant name
- Carnaud Metalbox plc
- Opponent name
- -
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 84 1973
- Keywords
- Clarity of functional features - undue burden for reduction to practice
- Catchword
- I. The term "clarity" in Article 84 EPC refers to the practical meaning of the language of the patent claims. Claims with functional features which do not enable the skilled person to carry out the invention in the light of the disclosure and on the basis of common general knowledge do not meet the requirement of clarity according to Article 84 EPC (point 3.1.3 (v) and 3.2.3).
II. A claim combining functional definitions limited to features, which a skilled person would have no difficulty in determining on the basis of common general knowledge, and a structural definition of the essential contribution of the Applicant is not objectionable under Article 84 EPC (point 3.3.2).
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 Second Auxiliary Request (Claims 1 to 32) as filed during the oral proceedings on 31. May 1994.