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Date of decision
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29 December 1993
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Case number
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T 0860/93
- 3.3.3
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Application number
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88115147.6
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Title of the application
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Carboxymethyl hydrophobically modified hydroxyethylcellulose
(cmhmhec) and use of cmhmhec in protective coating compositions
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Applicant name
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Aqualon Company
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Headnote
1. Where a quality is expressed in a claim as being within a
given numerical range, the method for measuring that quality
must either be general technical knowledge, so that no explicit
description is needed, or a method of measuring that quality
needs to be identified (decision T 124/85 of 14 December 1987 -
not reported in OJ EPO - followed). In contrast, where a claim
specifies a relative quality, in this case that the products
should be "water-soluble", it is not normally necessary to
identify any method for its determination.
2. The provision of Article 69(1) EPC, according to which the
description and drawings shall be used to interpret the claims,
applies also to the clarity requirement of Article 84 EPC,
provided that the claims are not self-contradictory (decision T
454/89 of 11 March 1991 - not published in OJ EPO - explained).
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Keywords
Claims - clarity
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