T 0644/97 of 22.04.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T064497.19990422
- Date of decision
- 22 April 1999
- Case number
- T 0644/97
- Petition for review of
- -
- Application number
- 88908377.0
- IPC class
- C08G 64/06
- 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
- Process for preparing crystallized aromatic polycarbonate and crystallized aromatic polycarbonate obtained by the process
- Applicant name
- Asahi Kasei Kogyo Kabushiki Kaisha
- Opponent name
- Bayer AG, Leverkusen Konzernverwaltung RP Patente Konzern
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 56 1973
- Keywords
- Admissibility of appeal (yes)
Inventive step (yes) - different starting point in prior art - formulation of technical problem - solution non-obvious - Catchword
- The technical problem arising from a "closest state of the art" disclosure which is irrelevant to the claimed subject-matter in the sense that it does not mention a problem that is at least related to that derivable from the patent specification has a form such that its solution can practically never be obvious, because any attempt by the skilled person to establish a chain of considerations leading in an obvious way to the claimed subject-matter gets stuck at the start. It follows that the respective claimed subject-matter is non-obvious in the light of such art.
ORDER
For these reasons it is decided that:
1. The appeal is admissible.
2. The appeal is dismissed.