|
Date of decision
|
03 November 2004
|
|
|
Case number
|
T 0014/01
- 3.3.6
|
|
|
Application number
|
91305515.8
|
|
|
|
|
|
|
Title of the application
|
Process and composition for treating fabrics
|
|
|
Applicant name
|
UNILEVER PLC, et al
|
|
|
Opponent name
|
The Procter & Gamble Company
|
|
|
|
|
Keywords
Main request - (no): disclaimer aiming at removing overlap with
a non accidental anticipation violates Article 123(2) EPC
First and second auxiliary requests - (no): not novel
|
|
|
|
Catchwords:
|
|
"The allegation that a teaching extracted from a prior art leads
away from the invention implies that the skilled person has
taken this prior art into consideration. For an anticipation to
be accidental it is instead necessary that the skilled person
would have never taken it into consideration. (item 1.6 of the
reasons)"
|
|
|
