T 0279/93 (Melamine derivatives/AMERICAN CYANAMID) of 12.12.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T027993.19961212
- Date of decision
- 12 December 1996
- Case number
- T 0279/93
- Petition for review of
- -
- Application number
- 81108162.9
- IPC class
- C07D 251/70
- 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
- Synthesis of hydroxy-functional melamine derivatives
- Applicant name
- AMERICAN CYANAMID COMPANY
- Opponent name
- BASF Aktiengesellschaft
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Change of category (allowed) - novelty (no - unambiguous implicit disclosure)
- Catchword
- 1. A claim to the use of a compound A in a process for preparing compound B has no broader scope than a claim to a process for preparing compound B from compound A (see point 4).
2. The use of a compound A in a process for preparing compound B in order to reduce the formation of impurities is not necessarily a functional technical feature in the sense of decision G 2/88, and does not, therefore, in all circumstances confer novelty to the subject-matter of a claim containing it (points 5.3 to 5.5)
ORDER
For these reasons it is decided that:
The appeal is dismissed.