W 0004/96 (Teeth whitening) of 20.12.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:W000496.19961220
- Date of decision
- 20 December 1996
- Case number
- W 0004/96
- Petition for review of
- -
- Application number
- PCT/EP1995/03309
- IPC class
- A61K 7/20
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- COMPOSITION CONTENANT DES PEROXYACIDES ORGANIQUES DE BLANCHIMENT DES DENTS
- Applicant name
- UNILEVER N.V.
- Opponent name
- -
- Board
- 3.3.02
- Headnote
I. An objection of lack of unity may be raised "a posteriori" in regard to all categories of grouping of alternatives of chemical compounds.
II. The requirement of a technical relationship as defined in Rule 13.2, 1st sentence, PCT, may be met when all claimed alternatives belong to a class of compounds which may be expected to behave in the same way in the context of the claimed inventions ("Markush claims"). The technical relationship involves those common special technical features that define a contribution over the state of the art (Rule 13.2, 2nd sentence, PCT). However, such contribution cannot be recognized on the basis of this expectation if members of the class have already been shown in the prior art to behave in the manner disclosed in the application.
- Relevant legal provisions
- Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13(1)Patent Cooperation Treaty R 13(2)Patent Cooperation Treaty R 40(1)Patent Cooperation Treaty R 40(2)(c)Patent Cooperation Treaty R 40(2)(e)
- Keywords
- Lack of unity a posteriori - yes
Absence of a common technical feature defining a contribution of the claimed Markush grouping over the prior art - Catchword
- -
- Cited cases
- G 0001/89
ORDER
For these reasons it is decided that:
The protest according to Rule 40.2(c) PCT is dismissed.