The "problem and solution approach" is regularly applied by the departments of the EPO in the course of deciding whether or not claimed subject-matter fulfils the requirements of Art. 56 EPC. This consists essentially of

(a) identifying the "closest prior art",

(b) assessing the technical results (or effects) achieved by the claimed invention when compared with the "closest state of the art" established,

In T 958/90 the board mentioned that a known effect could not be novel for the sole reason that the patent provided the information that it was present to a hitherto unknown extent.