European Patent Office

T 0943/93 of 30.08.1994

European Case Law Identifier
ECLI:EP:BA:1994:T094393.19940830
Date of decision
30 August 1994
Case number
T 0943/93
Petition for review of
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Application number
85305572.1
IPC class
H01S 3/23
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Optical amplification
Applicant name
BRITISH TELECOMMUNICATIONS public limited company
Opponent name
Siemens AG
Board
3.4.01
Headnote
-
Keywords
Novelty (yes): no inevitable working of the nearest prior art within the wavelengths region claimed
Inventive step (yes): non-obvious application of unforeseeable interdependence of parameters
Catchword
A hypothetical possibility of operating within the claimed region per se is legally not sufficient to destroy the novelty of this region, in particular not if the skilled person has no technical motive and thus no practical necessity to work within this region (see paragraph 2.5, page 14).
Cited cases
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ORDER

For these reasons it is decided that:

The Appeal is dismissed.