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Date of decision
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07 November 2002
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Case number
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T 0835/00
- 3.3.3
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Application number
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94301107.2
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Title of the application
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Polypropylene resin expanded particles
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Applicant name
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MITSUBISHI CHEMICAL CORPORATION, et al
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Opponent name
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(01) BASF Aktiengesellschaft, Ludwigshafen
(02) JSP Corporation
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Keywords
Inventive step (yes) - determination of closest prior art -
breadth of claim
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Catchwords:
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A fatal defect of the choice, as a starting point for the
application of the problem/solution method, of a disclosure in
the state of the art from which no relevant technical problem
can be formulated without inappropriate hindsight is that,
without such hindsight, any attempt to establish a logical chain
of considerations which could lead to the claimed invention
inevitably gets stuck at the start, for want of a relevant
identifiable goal or object. If the relevant problem is not
derivable, the measures for its solution are a fortiori not
derivable. In other words, the invention is not obvious in the
light of such art (cf. Reasons, point 4.4.5).
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