T 0713/98 of 17.01.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T071398.20020117
- Date of decision
- 17 January 2002
- Case number
- T 0713/98
- Petition for review of
- -
- Application number
- 93301935.8
- IPC class
- C08F 265/02
- 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
- Polymeric particles
- Applicant name
- ROHM AND HAAS COMPANY
- Opponent name
- -
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention Art 84 1973
- Keywords
- Disclosure - enabling - undue burden
Claims - functional features - Catchword
- To the extent that the requirements of Article 84 EPC can only be fulfilled, in relation to a claim which is characterised by a functional feature defining a result to be achieved, if the feature is such that a person skilled in the art can, without exceeding his normal knowledge and skills, not only understand it, but also without undue burden implement it, the former requirement (understanding) is one of clarity and the latter (implementing) is one of support, both in the sense of Article 84 EPC. Furthermore, the latter requirement, viewed in relation to the disclosure as a whole, is highly relevant to the queston of sufficiency, in the sense of Article 83 EPC (following T 409/91, OJ EPO 1994, 653).
- Cited cases
- T 0409/91
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 for further prosecution on the basis of the set of Claims 1 to 6 filed on 6 November 2001.