T 0676/94 (Radial tyre/SUMITOMO) of 06.02.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T067694.19960206
- Date of decision
- 6 February 1996
- Case number
- T 0676/94
- Petition for review of
- -
- Application number
- 89302900.9
- IPC class
- B60C 9/22
- 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
- Radial tyre
- Applicant name
- SUMITOMO RUBBER INDUSTRIES LIMITED
- Opponent name
- COMPAGNIE GENERALE DES ETABLISSEMENTS MICHELIN MICHELIN
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 83 1973
- Keywords
- Inventive step - skilled person - technical periodical
Undue burden of search for selecting this technical periodical (no)
Disclosure - sufficiency (yes)
Decision re appeals - remittal (yes) - Catchword
- The answer to the question whether or not the contents of a technical periodical form part of the average knowledge of a skilled person and are thus to be taken into account on the issue of sufficiency of disclosure, depends on the facts of the case.
If the skilled person is working on the assembly of starting materials (in this case plastic fibres used to reinforce tyres) he can be expected to consult the relevant studies on these materials, especially those carried out by a very small number of manufacturers of these starting materials. Thus, these studies, even though disclosed in technical periodicals, are to be considered as part of the skilled person's average technical knowledge.
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.