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1999

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    Page 710

    Citation: OJ EPO 1999, 710

    Online publication date: 23.11.1999

    INFORMATION FROM THE CONTRACTING / EXTENSION STATES
    DE Germany

    Judgment of the Bundesgerichtshof (Federal Court of Justice), 10th Civil Senate, dated 19 May 1999

    (X ZR 67/98)*

    Headword: "Anschraubscharnier" (Screw-on hinge)

    Sections 1, 3(1) PatG (Patent Law)

    Article: 52, 54(2) EPC

    Keyword: "Novelty - public prior use by virtue of delivery"1

    Headnote:

    The delivery of an article to an individual processing plant without steps having been taken to keep that delivery secret constitutes making the technical teaching embodied in it available to the public at least in cases where the article is intended for processing in the plant's facilities for manufacturing for third parties.

    DE 4/99

     

    * Translation of official headnote of the judgment, whose reasons were published in full in Mitt. 1999, 369.

    1 See also T 482/89 - Power supply unit, OJ EPO 1992, 646.

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