T 0068/93 (Phosphorodithioates/LUBRIZOL) of 24.01.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T006893.19950124
- Date of decision
- 24 January 1995
- Case number
- T 0068/93
- Petition for review of
- -
- Application number
- 84901874.2
- IPC class
- C07F 9/165
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Phosphorus-containing metal salt/olefin compositions and reaction products of same with active sulfur
- Applicant name
- The Lubrizol Corporation
- Opponent name
- Exxon Chemical Patents Inc.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Ex post facto analysis of a citation (not allowable)
Inventive step (yes) - no hint that a measure known in a different field of technology would solve a particular techical problem
Comparative tests - irrelevant if not expertly carried out
Amendments - technical contribution of added feature
Novelty - burden of proof
Inventive step - neighboring field - Catchword
- -
- Citing 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 with the order to maintain the patent with the following documents:
Claims 1 to 17 (main request),
description pages 2 to 17,
both as submitted during oral proceedings.