European Patent Office

T 0860/93 (Protective coating compositions) of 29.12.1993

European Case Law Identifier
ECLI:EP:BA:1993:T086093.19931229
Date of decision
29 December 1993
Case number
T 0860/93
Petition for review of
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Application number
88115147.6
IPC class
C08B 11/193
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
Carboxymethyl hydrophobically modified hydroxyethylcellulose (cmhmhec) and use of cmhmhec in protective coating compositions
Applicant name
Aqualon Company
Opponent name
-
Board
3.3.03
Headnote

1. Where a quality is expressed in a claim as being within a given numerical range, the method for measuring that quality must either be general technical knowledge, so that no explicit description is needed, or a method of measuring that quality needs to be identified (decision T 124/85 of 14 December 1987 - not reported in OJ EPO - followed). In contrast, where a claim specifies a relative quality, in this case that the products should be "water-soluble", it is not normally necessary to identify any method for its determination.

2. The provision of Article 69(1) EPC, according to which the description and drawings shall be used to interpret the claims, applies also to the clarity requirement of Article 84 EPC, provided that the claims are not self-contradictory (decision T 454/89 of 11 March 1991 - not published in OJ EPO - explained).

Keywords
Claims - clarity
Catchword
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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 for further examination.