European Case Law Identifier: | ECLI:EP:BA:1985:T010684.19850225 | ||||||||
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Date of decision: | 25 February 1985 | ||||||||
Case number: | T 0106/84 | ||||||||
Application number: | 81901154.5 | ||||||||
IPC class: | - | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | A | ||||||||
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Title of application: | - | ||||||||
Applicant name: | Michaelsen | ||||||||
Opponent name: | - | ||||||||
Board: | 3.2.01 | ||||||||
Headnote: | 1. What at first sight appears to be an obvious step of incorporating a known device in a known machine may not be such if there is evidence that this results in simplification of design coupled with improved performance in use and the solution of a long-standing problem. 2. There is a danger that the difficulty of developing a simple solution without sacrifice of quality will be disregarded when obviousness is assessed with the benefit of hindsight. Care must be taken not to destroy applications for lack of inventive step when persons in the related industry would recognise that it is very surprising that no one had ever hit upon the simple solution before. |
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Keywords: | Commercial success Inventive step/use of known element for a new purpose Inventive step - long standing problem Simplification - indication of non-obviousness Unexpected advantage |
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Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840106ex1.html
Date retrieved: 17 May 2021
9 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)