|
Date of decision
|
04 January 1996
|
|
|
Case number
|
T 0583/93
- 3.3.3
|
|
|
Application number
|
85308398.8
|
|
|
|
|
|
|
Title of the application
|
Process for the production of a water-soluble polymer dispersion
|
|
|
Applicant name
|
HYMO CORPORATION
|
|
|
Opponent name
|
SNF Floerger
|
|
Headnote
1. A lack of communication between the Proprietor and its
Licensee does not afford sufficient justification upon which the
Board can exercise its discretion to admit requests filed at an
extremely late stage into the appeal.
2. Whereas according to the Boards' jurisprudence the deletion
from a claim of features consistently described as essential is
not permissible under Article 123(2) EPC, the converse is not
true, so that any attempt to interpret Article 123(2) EPC in the
sense that the introduction into a claim of features previously
described as non-essential would not be permissible, must fail.
|
|
|
Keywords
Late filed claims - not admitted (late filing not sufficiently
justified)
Extension beyond contents of application as filed (no) -
incorporation of features previously indicated as non-essential
permissible
Inventive step - main request (no): technical problem not solved
over the whole area - auxiliary request (yes) - after amendment
|
|
|
|
|
