|
Date of decision
|
20 November 96
|
|
|
Case number
|
T 0472/92
- 3.3.3
|
|
|
Application number
|
83100303.3
|
|
|
|
|
|
|
Title of the application
|
Sheet for forming sleeve and process for producing the same
|
|
|
Applicant name
|
SEKISUI KASEIHIN KOGYO KABUSHIKI KAISHA
|
|
|
Opponent name
|
Owens-Illinois, Inc.
|
|
Headnote
I. Although the standard of proof is the same for all objections
covered by Article 100 EPC (cf. T 270/90 OJ EPO 93, 725), in
those prior public use cases, where practically all the evidence
in support of an alleged prior public use lies within the power
and knowledge of the Opponent, the latter has to prove his case
up to the hilt (Reasons 3.1).
II. The printability of a material, as well as its surface
characteristics after exposure to thermal shrinkage conditions,
are not "intrinsic" properties which according to G 1/92, should
be considered to have been made available to the public by the
mere delivery of said material to a customer (Reasons 7.3.4 to
7.3.7).
|
|
|
Keywords
Novelty (yes) - prior public use not proved up to the hilt -
assumption of confidentiality on the basis of a Joint Venture
Agreement
Inventive step (yes) - no incentive - extrinsic properties of a
material of prior public use not made available to the public by
the mere delivery to the recipient company (see G 0001/92)
|
|
|
|
|
