T 0859/94 (Colour photographic material/FUJI) of 21.09.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T085994.19990921
- Date of decision
- 21 September 1999
- Case number
- T 0859/94
- Petition for review of
- -
- Application number
- 85111246.6
- IPC class
- G03C 7/38
- 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
- Silver halide color photographic material
- Applicant name
- Fuji Photo Film Co., Ltd.
- Opponent name
- Konica Corporation
- Board
- 3.3.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973
- Keywords
- Amendment (not allowable) - generation of a new generic chemical formula - no basis in the application as filed
- Catchword
- An amendment of a generic chemical formula is not admissible under Article 123(2) EPC if it leads - by deleting meanings of residues - to a particular combination of specific meanings of the respective residues, i.e. to a particular structural feature of the compounds concerned which was not disclosed originally and amounts to an inadmissible singling out of a sub-class of chemical compounds (points 2.4.3 and 2.5 of the Reasons for the Decision).
ORDER
For these reasons it is decided that:
The appeal is dismissed.