European Patent Office

T 0337/95 (Lower alkyl) of 30.01.1996

European Case Law Identifier
ECLI:EP:BA:1996:T033795.19960130
Date of decision
30 January 1996
Case number
T 0337/95
Petition for review of
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Application number
90103338.1
IPC class
C07D 231/18
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
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Other decisions for this case
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Abstracts for this decision
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Application title
3-(Substituted phenyl)pyrazole derivatives, salts thereof, herbicides therefrom, and process for producing said derivatives or salts
Applicant name
NIHON NOHYAKU
Opponent name
-
Board
3.3.01
Headnote

1. Claims have to be clear for the sake of legal certainty (Nos. 2.2 to 2.4 of the reasons).

2.Since, in the absence of any unambiguous reference point, a relative term such as "lower alkyl" in the field of organic chemistry does not have a generally accepted meaning with respect to its maximum number of carbon atoms, such a term is ambiguous and therefore not suitable for clearly defining the subject-matter for which protection is sought in a claim which is directed to a group of organic compounds per se (No. 2.8 of the reasons).

Keywords
Clarity of claims for compounds per se
Meaning of "lower alkyl" unclear
Catchword
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ORDER

For these reasons it is decided that:

1. The decision of the examining division is set aside.

2. The case is remitted to the examining division for further prosecution on the basis of claims 1 to 7 submitted during oral proceedings.