T 0929/93 (Vitrification/HILL) of 15.07.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T092993.19970715
- Date of decision
- 15 July 1997
- Case number
- T 0929/93
- Online on
- 8 September 1997
- Petition for review of
- -
- Application number
- 84308001.1
- IPC class
- C03C 1/00
- 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
- Vitrification of asbestos waste
- Applicant name
- M & G Hill (Environmental Engineers) Limited
- Opponent name
- Beteiligungen Sorg GmbH und Co.KG
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 56 1973European Patent Convention Art 54 1973
- Keywords
- (Main request) and (auxiliary request) novelty - yes - generic disclosure does not take away novelty of a specific example
(Main request) - inventive step - no - obvious to try an analogous process in order to make a method commercially feasible
(Auxiliary request) - technical problem shifted - remittal to the first instance - Catchword
- -
- Cited cases
- -
- 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 for further prosecution on the basis of the auxiliary request:
Claim 1 as submitted during the oral proceedings,
Claims 2 to 4, and 9 to 10 as granted renumbered,
Claims 5 to 8 as granted deleted.
3. The request for reimbursement of the appeal fee is refused.