T 0763/98 (Tetrafluoroethane/DAIKIN) of 24.10.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T076398.20011024
- Date of decision
- 24 October 2001
- Case number
- T 0763/98
- Petition for review of
- -
- Application number
- 91103753.9
- IPC class
- C07C 19/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Process for preparing 1,1,1-trifluorochloroethane and 1,1,1,2-tetrafluoroethane
- Applicant name
- DAIKIN INDUSTRIES, LIMITED
- Opponent name
- AUSIMONT S.p.A.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 14(1) 1973European Patent Convention Art 56 1973
- Keywords
- Main request: support in the application as filed (yes) - extension of scope of protection (no)
Inventive step (yes) - problem effectively solved by whole scope of claimed process - non obvious solution - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The matter is remitted to the first instance with the order to maintain the patent on the basis of Claims 1 to 8 and 10 to 12 as filed on 23 March 2001 and Claim 9 of the main request as filed at the oral proceedings on 24. October 2001 and a description to be adapted.