T 0892/94 (Deodorant compositions/ROBERTET S.A.) of 19.01.1999

I. The right to be heard of a party absent in oral proceedings as expounded in G 4/92 (OJ EPO 1994, 149) may, in appropriate circumstances, be surrendered by a party declaring that it will take no further part in the proceedings (Reasons 2.2-2.5).

II. According to G 2/88 (OJ EPO 1990, 93), novelty within the meaning of Article 54(1) EPC can be acknowledged for a claim directed to the use of a known substance for a hitherto unknown, ie new, non-medical purpose reflecting a newly discovered technical effect. However, a newly discovered technical effect does not confer novelty on a claim directed to the use of a known substance for a known non-medical purpose if the newly discovered technical effect already underlies the known use of the known substance (Reasons 3.4).