T 0422/93 (Luminescent security fibres) of 21.09.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T042293.19950921
- Date of decision
- 21 September 1995
- Case number
- T 0422/93
- Petition for review of
- -
- Application number
- 85401148.3
- IPC class
- D21H 5/10
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in French
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fibres de sécurité luminescentes ; documents fiduciaires et autres matières les contenant
- Applicant name
- Jalon, Michel
- Opponent name
- GAO
- Board
- 3.3.01
- Headnote
1. When examining for inventive step using the "problem and solution" approach, the starting point for defining the appropriate skilled person is the technical problem to be solved on the basis of what the closest prior art discloses, irrespective of any other definition of the skilled person suggested in the contested patent.
2. Since the technical problem addressed by an invention must be so formulated as not to anticipate the solution, the skilled person to be considered cannot be the appropriate expert in the technical field to which the proposed solution belongs if this technical field is different to the one considered when formulating the technical problem.
3. The appropriate skilled person's basic knowledge does not include that of a specialist in the different technical field to which the proposed solution belongs if the closest prior art gives no indication that the solution is to be sought in this other technical field.
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty (yes)
Inventive step (yes) - non-obvious alternative
Definition of the skilled person - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent on the basis of the main request (see point VII).