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Case Law of the Boards of Appeal

 
 
5.6.7 Experiments

Experiments constitute an undue burden if they have first of all to find the solution to the problem and are not carried out just to determine the numerical limits of a functionally defined range (T 312/88). They should quickly give a reliable picture of how the products can be produced or manufactured (T 475/88). However, it is not necessary for the experimental data filed with the patent in suit to be an exact repetition of the worked examples of the patent, as long as the experimental work can be regarded as being within the scope of the invention (T 674/96).