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Date of decision
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05 July 2000
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Case number
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T 0355/97
- 3.3.1
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Application number
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88303825.9
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Title of the application
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Improved hydrogenation process for preparing 4-aminophenol
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Applicant name
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NORAMCO, INC.
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Opponent name
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Mallinckrodt Speciality Chemicals Company
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Keywords
Inventive step (no) - alleged improvement of technical effect -
burden of proof on proprietor - not discharged by unverifiable
statement in description - reformulation of problem - obvious
solution
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Catchwords:
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Each of the parties to the opposition-appeal proceedings carries
the burden of proof for the facts it alleges (following T
270/90, OJ EPO 1993, 725). If the Proprietor of the patent
alleges the fact that the claimed invention improves a technical
effect, then the burden of proof for that fact rests upon him.
The unverifiable statement in the specification of the patent in
suit that the tecnical effect is improved which is
devoid of any corroborating evidence, does not discharge the
Proprietor from his burden of proof with the consequence that
the unsubstantiated allegation is not to be taken into annount
(point 2.5.1 of the reasons).
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