|
Date of decision
|
19 January 1999
|
|
|
Case number
|
T 0892/94
- 3.3.2
|
|
|
Application number
|
87902669.8
|
|
|
|
|
|
|
Title of the application
|
Inhibitors of esterase-producing micro-organisms, for use
primarily in deodorant compositions
|
|
|
Applicant name
|
Robertet S.A.
|
|
|
Opponent name
|
Unilever N.V.
|
|
Headnote
I. The right to be heard of a party absent in oral proceedings
as expounded in G 4/92 (OJ EPO 1994, 149) may, in appropriate
circumstances, be surrendered by a party declaring that it will
take no further part in the proceedings (Reasons 2.2-2.5).
II. According to G 2/88 (OJ EPO 1990, 93), novelty within the
meaning of Article 54(1) EPC can be acknowledged for a claim
directed to the use of a known substance for a hitherto unknown,
ie new, non-medical purpose reflecting a newly discovered
technical effect. However, a newly discovered technical effect
does not confer novelty on a claim directed to the use of a
known substance for a known non-medical purpose if the newly
discovered technical effect already underlies the known use of
the known substance (Reasons 3.4).
|
|
|
Keywords
Novelty of a claim directed to the known use of a known
substance which differs from the state of the art merely by the
indication of a newly discovered technical effect underlying
that use (no)
|
|
|
|
|
