T 0071/93 of 01.06.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T007193.19930601
- Date of decision
- 1 June 1993
- Case number
- T 0071/93
- Petition for review of
- -
- Application number
- 88870155.4
- IPC class
- G01N 11/16
- 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
- Method and apparatus for rheological testing
- Applicant name
- MONSANTO COMPANY
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - yes
- Catchword
- A feature not explicitly mentioned in a prior art document although being generally known for alleviating a drawback usual in the same technical field, can not be considered implicitly disclosed if it is not directly derivable from said prior art document that said drawback was considered as unacceptable and/or if other solutions were proposed for alleviating said drawback.
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The file is remitted to the first instance with the order to grant a patent on the basis of the following patent application documents:
Description:
Pages 1, 2, 2b, 2c and 5 filed with letter of 10 June 1992;
Pages 2a, 3 and 4 filed with letter of 10 April 1991, and
Pages 6 to 8 as originally filed,
Claims:
Nos. 1 to 5 filed with letter of 10 June 1992;
Drawings:
Sheets 1/2 and 2/2 as originally filed.