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Date of decision
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06 February 1996
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Case number
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T 0676/94
- 3.2.1
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Application number
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89302900.9
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Title of the application
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Radial tyre
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Applicant name
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SUMITOMO RUBBER INDUSTRIES LIMITED
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Opponent name
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COMPAGNIE GENERALE DES ETABLISSEMENTS MICHELIN MICHELIN
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Keywords
Inventive step - skilled person - technical periodical
Undue burden of search for selecting this technical periodical
(no)
Disclosure - sufficiency (yes)
Decision re appeals - remittal (yes)
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Catchwords:
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The answer to the question whether or not the contents of a
technical periodical form part of the average knowledge of a
skilled person and are thus to be taken into account on the
issue of sufficiency of disclosure, depends on the facts of the
case.
If the skilled person is working on the assembly of starting
materials (in this case plastic fibres used to reinforce tyres)
he can be expected to consult the relevant studies on these
materials, especially those carried out by a very small number
of manufacturers of these starting materials. Thus, these
studies, even though disclosed in technical periodicals, are to
be considered as part of the skilled person's average technical
knowledge.
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