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The principles applied by the boards of appeal as part of their established case law on the novelty of selection inventions were developed in particular in T 198/84 (OJ 1985, 209). They are summarised briefly in T 279/89, according to which a selection of a sub-range of numerical values from a broader range is new when each of the following criteria is satisfied:

(a) the selected sub-range should be narrow;

CLR I C 6.3 Selection of parameter ranges

6.3.1 Selection from a broad range

6.3.2 Overlapping ranges

6.3.3 Multiple selection

CLR I C 6.2.4 Achieving a higher degree of purity

CLR I C 6.2.3 Novelty of enantiomers

CLR I C 6.2.2 Novelty of groups of substances

CLR I C 6.2.1.C Selection on the basis of a general formula

CLR I C 6.2.1.B Selection of starting substances from different lists

CLR I C 6.2.1.A Definition of a substance by its structural formula or other parameters

Following T 12/81 (see above) the board in T 352/93 decided that a claim for an ionic compound (salt) that was defined only by structural parameters, i.e. the structural formulae of the cation and anion of the compound, was not novel over prior art disclosing an aqueous solution that contained a base corresponding to the cation and an acid corresponding to the anion.

CLR I C 6.3.3 Multiple selection

CLR I C 6.3.2 Overlapping ranges

CLR I C 6.3.1 Selection from a broad range