According to the case law of the boards of appeal enhanced effects could not be adduced as evidence of inventive step if they emerged from obvious tests (T 296/87, OJ 1990, 195; T 432/98; T 926/00; T 393/01).

In T 519/12 the board held that it had to be expected of the skilled person that he would exercise his skills in the framework of technical standards in force in his field of activity. No inventive activity could be derived from a feature that simply reflected the contents of such a technical prescription.