T 0517/98 of 17.01.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T051798.20020117
- Date of decision
- 17 January 2002
- Case number
- T 0517/98
- Petition for review of
- -
- Application number
- 90905918.0
- IPC class
- C04B 35/00
- 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
- Oriented grained Y-Ba-Cu-O superconductors having high critical currents and method for producing same
- Applicant name
- UNIVERSITY OF HOUSTON
- Opponent name
- Siemens AG
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Main request, first and second auxiliary request - sufficiency of disclosure (no), not enabling over the whole ambit of the claim); Third auxiliary request - sufficiency of disclosure (yes) - Inventive step-(yes) non-obvious modification of a known process; unexpected improvement of the resulting product
- Catchword
- If the disclosure of a patent in suit is limited to products which, when prepared by the method according to the invention, are characterised by distinctive parameters, then a claim which does not stipulate these parameters a priori encompasses embodiments which are not obtainable by the method disclosed.
Such disclosure of a single way of performing the invention will only be considered sufficient if it enables a person skilled in the art to carry out the invention within the whole ambit of the claim. If this is not the case, the claim does not meet the requirements of Article 83 and 100(b) EPC. - Cited cases
- T 0409/91
- Citing cases
- T 1577/23
ORDER
For these reasons it is decided that:
- The decision under appeal is set aside.
- The case is remitted to the first instance with the order to maintain the patent with the following documents:
1. claims 1 to 10 submitted as third auxiliary request
2. a description to be adapted accordingly
3. Figures as granted.