T 0234/03 (Jet ink composition/VIDEOJET TECHNOLOGIES) vom 18.05.2006

To be relevant for demonstrating that a technical improvement is achieved in comparison with the closest state of the art any comparative test presented for that purpose must be reproducible on the basis of the information thus provided, thereby rendering the results of such tests directly verifiable (T 494/99 followed, cf. point 5.2). That requirement implies, in particular, that the procedure to perform the test relies on quantitative information enabling the person skilled in the art to reliably and validly reproduce it. Vague and imprecise operating instructions render the test inappropriate and thus irrelevant (cf. point 8.4.4 of the Reasons).