T 1055/92 of 31.03.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T105592.19940331
- Date of decision
- 31 March 1994
- Case number
- T 1055/92
- Petition for review of
- -
- Application number
- 86200750.7
- IPC class
- G06F 15/62
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- System for spatially transforming images
- Applicant name
- AMPEX
- Opponent name
- -
- Board
- 3.5.01
- Headnote
I. The form and content of the claims in a European patent application are governed by the requirements of Article 84 and Rule 29 EPC.
According to Article 84, the claims shall define the matter for which protection is sought.
This function of the claims should be clearly distinguished from the requirement that the European patent application must disclose the invention in such a way that it enables a person skilled in the art to carry out that same invention.
II. Under Article 83, sufficient disclosure is required of a European patent application, i.e. of the application as a whole, comprising the claims, together with the description and the drawings, but not of an individual claim as such.
III. A claim in a European patent application must comprise the essential features of the invention (cf. T 32/82, OJ EPO 1984, 354); the essential features should in particular comprise those features which distinguish the invention from the closest prior art.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 76(1) 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Clarity
- Catchword
- -
- Cited cases
- -
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 application documents specified in paragraph V(ii) above.