|
Date of decision
|
12 February 98
|
|
|
Case number
|
T 0990/96
- 3.3.1
|
|
|
Application number
|
93106005.7
|
|
|
|
|
|
|
Title of the application
|
7-Substituted-hept-6-enoic and -heptanoic acids and derivatives
thereof
|
|
|
Applicant name
|
Novartis AG
|
|
|
Headnote
1. It is common practice for a person skilled in the art of
preparative organic chemistry to (further) purify a compound
obtained in a particular chemical manufacturing process
according to the prevailing needs and requirements. Since, as a
rule, conventional methods for the purification of low molecular
organic compounds are within his common general knowledge, a
document disclosing a low molecular chemical compound and its
manufacture makes normally available this compound to the public
in the sense of Article 54 EPC in all desired grades of purity
(no. 7 of the reasons for the decision).
2. If a party alleges that this general rule would not be
applicable in a particular case, then the burden of proving the
existence of such an exceptional situation, e.g. of a situation
where all prior attempts to achieve a particular degree of
purity by conventional purification processes have failed, lies
with the party who alleges such a situation (no. 8 of the
reasons for the decision).
|
|
|
Keywords
Novelty (no)
Purity of chemical compound no new element
|
|
|
|
|
