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
-
Application number
90103338.1
IPC class
C07D 231/18
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
-
Abstracts for this decision
-
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). 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).

Keywords
Clarity of claims for compounds per se
Meaning of 'lower alkyl' unclear
Catchword
-

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.