|
Date of decision
|
15 December 1992
|
|
|
Case number
|
T 0390/90
- 3.3.1
|
|
|
Application number
|
81306189.2
|
|
|
|
|
|
|
Title of the application
|
Process for preparing and using a crystalline product
|
|
|
Applicant name
|
Josep Maria Gussinyer, S.A.
|
|
|
Opponent name
|
Conte, Pietro, avv.
|
|
Headnote
An intervention under Article 105 EPC during appeal
proceedings is not permissible, but is limited to
opposition proceedings; interpretation of G 7/91 and
G 8/91 (OJ EPO 1993,346, 356), see also T 27/92
(Referral published in OJ EPO 1993 705, pending under
Ref. No. G6/93).
|
|
|
Keywords
Admissibility of intervention of an assumed infringer during
appeal proceedings
Legal status of Boards of Appeal
Non- equivalence of appeal and opposition proceedings
Boards' freedom not to refer to Enlarged Board: procedural
economy
Novelty (yes) - second document incorporated by reference into
the primary document - no disclosure of a continuous process in
the light of common general knowledge at the relevant
publication date
Inventive step (yes) - onus of proof regarding disputed effects
|
|
|
|
|
