T 1764/06 vom 24.06.2010

Novelty (no) - Definition of a parameter feature representing the only difference from the prior art - Presumption of lack of novelty not displaced by evidence - Benefit of doubt not accorded (Main request)

In a situation where the applicants have used an unusual parameter feature to define their product, which unusual parameter feature represents the only distinction over otherwise identical known products, and the applicants have decided not to provide evidence that the parameter feature as such represents a difference of the claimed products from the known products, no benefit of doubt can be accorded (Paragraph 2.12 of the Reasons)