Quick Navigation

 

Case Law of the Boards of Appeal

 
 
9.8.1 Problem and solution approach in chemical inventions

In a number of chemistry decisions the problem and solution approach - based on landmark decisions T 1/80 (OJ 1981, 206), T 24/81 (OJ 1983, 133) and T 248/85 (OJ 1986, 261) - involves the following steps:

a) establishing the closest prior art

b) defining the problem in the light of that prior art

c) identifying the solution

d) demonstrating the success of the solution

e) optionally reformulating the problem

f) examining the obviousness of the solution in view of the state of the art

Demonstrating the success of the solution and reformulating the problem are particularly important steps (see T 231/97, T 355/97).