In the context of the problem-solution approach, it is permissible to combine the disclosure of one or more documents, parts of documents or other pieces of prior art (e.g. a public prior use or unwritten general technical knowledge) with the closest prior art. However, the fact that more than one disclosure must be combined with the closest prior art in order to arrive at a combination of features may be an indication of the presence of an inventive step, e.g. if the claimed invention is not a mere aggregation of features.[Rule 65.1; GL/ISPE 13.12; GL/ISPE 13.13; ]
Section GL/EPO G‑VII, 6, in the Guidelines for Examination in the EPO applies mutatis mutandis.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/g_vii_6.htm
Date retrieved: 17 May 2021