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According to the boards' case law, a specific combination of elements requiring the selection of elements from two known groups/lists cannot be regarded as disclosed in the art and so fulfils the novelty requirement (cf. T 12/81, OJ 1982, 296).

CLR I C 6.1 General

CLR I C 6 Chemical inventions and selection inventions

6.1. General

6.2. Novelty of chemical compounds and groups of compounds

6.3. Selection of parameter ranges

6.4. Subject-matter group

CLR I C 5.2.8 Non-technical distinguishing features

Whereas novelty is not necessary to establish the technical character of an invention, the converse is not true as novelty and inventive step can only be established on the basis of the technical features of the invention. This is in line with the case law of the boards of appeal (T 154/04, OJ 2008, 46).

CLR I C 5.2.7 Product claim with process features

CLR I C 5.2.6 Generic disclosure

CLR I C 5.2.5 Functional features

CLR I C 5.2.4 Difference in composition

CLR I C 5.2.3 Difference in parameters

CLR I C 6.2.1 Anticipation of certain compounds

CLR I C 6.2 Novelty of chemical compounds and groups of compounds