European Patent 0436257, granted in 1994 to W. R. Grace and the United States Department of…
The Board held the claimed subject matter novel over the cited 1981 publication but found that "the main request fails for lack of inventive step (Article 56 EPC)", and…
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European Patent 0436257, granted in 1994 to W. R. Grace and the United States Department of Agriculture, claimed a method of controlling fungi on plants using hydrophobic extracted neem oil. In T 0416/01 (8 March 2005), the EPO Technical Board of Appeal
Answer and explanation
Correct answer A
The Board held the claimed subject matter novel over the cited 1981 publication but found that "the main request fails for lack of inventive step (Article 56 EPC)", and ordered that "The appeal is dismissed". It said it could leave open "whether or not the prior use is proven", so the decision did not rest on public use in Maharashtra. The revocation by the Opposition Division therefore stood.
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