T 0626/96 (Commercial success/water tap) of 10.01.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T062696.19970110
- Date of decision
- 10 January 1997
- Case number
- T 0626/96
- Petition for review of
- -
- Application number
- 90916513.6
- 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
- Water tap
- Applicant name
- AVILION LIMITED
- Opponent name
- -
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes)
Commercial success as a secondary indicator of inventive step
Success achieved in a very short space of time after the appellant's invention
Success directly attributable to the structure of the product claimed
Period of nearly 60 years between the publication date of the closest prior art document and the filing date of the patent application in suit regarded as a further secondary indicator of inventive step - Catchword
- -
- Cited cases
- T 0273/92
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 with the order to grant a patent in the following version:
Claims: 1 to 11 filed on 25 July 1994;
Description: pages 1, 3 and 5 to 13 as originally filed and pages 2 and 4 filed on 25 July 1994;
Drawings: sheets 1/4 to 4/4 as originally filed.