| European Case Law Identifier: | ECLI:EP:BA:1995:T042293.19950921 | ||||||||
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| Date of decision: | 21 September 1995 | ||||||||
| Case number: | T 0422/93 | ||||||||
| Application number: | 85401148.3 | ||||||||
| IPC class: | D21H 5/10 | ||||||||
| Language of proceedings: | FR | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Jalon, Michel | ||||||||
| Opponent name: | GAO | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. When examining for inventive step using the "problem and solution" approach, the starting point for defining the appropriate skilled person is the technical problem to be solved on the basis of what the closest prior art discloses, irrespective of any other definition of the skilled person suggested in the contested patent. 2. Since the technical problem addressed by an invention must be so formulated as not to anticipate the solution, the skilled person to be considered cannot be the appropriate expert in the technical field to which the proposed solution belongs if this technical field is different to the one considered when formulating the technical problem. 3. The appropriate skilled person's basic knowledge does not include that of a specialist in the different technical field to which the proposed solution belongs if the closest prior art gives no indication that the solution is to be sought in this other technical field. |
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| Keywords: | Novelty (yes) Inventive step (yes) - non-obvious alternative Definition of the skilled person |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t930422ep1.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)