T 0668/94 (Fungicides/ZENECA) of 20.10.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T066894.19981020
- Date of decision
- 20 October 1998
- Case number
- T 0668/94
- Petition for review of
- -
- Application number
- 87305592.5
- IPC class
- C07C 251/32
- 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
- Fungicides
- Applicant name
- Zeneca Limited
- Opponent name
- BASF Aktiengesellschaft, Ludwigshafen
Novartis AG Patent and Trademark Dept. - Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Late-filed evidence - only relevant evidence admitted
Novelty (yes) - individual compounds - selection from several lists
Inventive step (no) - obvious solution - Catchword
- When only some and not substantially all claimed compounds exhibit a particular technical effect, then the conclusion must be drawn that the invention as broadly defined in the independent claim is not a solution to the technical problem of achieving this particular technical effect, with the consequence that the alleged technical effect of some of the claimed compounds is to be disregarded in the determination of the objective problem underlying the invention, and thus in the assessment of inventive step, (following T 0939/92, OJ EPO 1996, 309) (point 8.1 of the reasons).
ORDER
For these reasons it is decided that:
The appeal is dismissed.