The "prior art" for the purposes of considering inventive step is as defined in Art. 33(3). [GL/ISPE 13.02; ]
In determining what is to be considered prior art, the principles laid down in GL/PCT‑EPO G-IV apply.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/g_vii_2.htm
Date retrieved: 17 May 2021