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Date of decision
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27 February 1996
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Case number
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T 0412/91
- 3.2.2
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Application number
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84306523.1
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Title of the application
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An alloy steel powder for high strength sintered parts
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Applicant name
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KAWASAKI STEEL CORPORATION
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Keywords
Novelty - prior disclosure - erroneous (yes)
Inventive step (yes)
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Catchwords:
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T 77/87, OJ EPO 1990, 280, defined the state of the art for the
purposes of Article 54 EPC as including what had been made
available to the skilled person as a matter of technical
reality, and on that basis excluded from the state of the art a
feature of a cited abstract shown to be wrong by reference to
the patent on which it was based, and to which the abstract
referred. Later decisions reflect that fact that published
matter may also be excluded from the state of the art if it is
so implausible in the eyes of the skilled reader that he would
reject it as erroneous, or where, as in the present case, the
same conclusion is based on the combined effect of internal
contradiction and a readily accessible relevant external
disclosure.
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