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Date of decision
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14 July 2004
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Case number
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T 0553/02
- 3.3.6
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Application number
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97933429.9
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Title of the application
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Method for treating plastic dishware and kitchenware surfaces
with detergent compositions containing bleach
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Applicant name
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THE PROCTER & GAMBLE COMPANY
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Keywords
Exclusion from patentability (Article 52(2)d) of the subject-
matter of claim 7 (main and first auxiliary request) - no
Novelty of claim 7 (main and first auxiliary request) - no
Inventive step (second auxiliary request) - no: obvious
application of a known method to different substrates
Inventive step (third auxiliary request) - yes: improved
performance of the selected bleach on the specific substrate
treated
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Catchwords:
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1. A claim directed to a product comprising a composition of
matter (here: a bleaching composition) and to instructions for
use of the product, wherein the instructions have no technical
effect on the product, is not excluded from patentability
according to Article 52(2) EPC since the claim has a technical
meaning and defines the technical features necessary for the
definition of the claimed subject-matter, i.e. a product
comprising a composition of matter (reasons for the decision,
points 1.2.2 and 1.2.3).
2. Instructions for use contained in a claim directed to a
product comprising a composition of matter and which provide no
technical contribution to the claimed product are not a
technical feature of that product, do not limit in any way the
scope of such a claim, and cannot be considered in the
evaluation of novelty (reasons for the decision, point 1.3).
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