T 1329/04 (Factor-9/JOHN HOPKINS) vom 28.06.2005

Main and auxiliary requests - inventive step (no) - no plausible solution of technical problem is provided

The definition of an invention as being a contribution to the art, i.e. as solving a technical problem and not merely putting forward one, requires that it is at least made plausible by the disclosure in the application that its teaching solves indeed the problem it purports to solve. Therefore, even if supplementary post-published evidence may in the proper circumstances also be taken into consideration, it may not serve as the sole basis to establish that the application solves indeed the problem it purports to solve.