T 1077/92 (Hydrogen peroxide solutions/SOLVAY) of 05.12.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T107792.19951205
- Date of decision
- 5 December 1995
- Case number
- T 1077/92
- Petition for review of
- -
- Application number
- 86306561.1
- IPC class
- C23G 1/10
- 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
- Stabilisation of acidic hydrogen peroxide solutions
- Applicant name
- SOLVAY INTEROX LIMITED
- Opponent name
- -
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - yes; seemingly obvious expedient
- Catchword
- In exceptional circumstances, technical considerations which point towards the obviousness of an alleged invention are capable of being overcome, and a reverse conclusion reached, where there is strong circumstantial evidence pointing in the opposite direction. Such a situation can arise where, in an area of active research, there is no explanation as to why a seemingly obvious proposal had not been adopted long ago.
- 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 Examining Division with the order to grant a patent on the basis of the following version:
Description: pages 1 to 8 as originally filed.
Claims: 1 to 13 as originally filed.