T 0026/85 (Thickness of magnetic layers) vom 20.09.1988

1. Article 54 EPC has to be interpreted in the sense that anything comprised in the state of the art can only be regarded as having been made available to the public in so far as the information given to the person skilled in the art is sufficient to enable him to practise the technical teaching which is the subject of the disclosure, taking into account also the general knowledge in the field to be expected of him. Therefore, in assessing the novelty of the invention under examination over the prior art in a case where overlapping ranges of a certain parameter exist, it has to be considered whether the person skilled in the art would in the light of the technical facts seriously contemplate applying the technical teaching of the prior art document in the range of overlap. If it can be fairly assumed that he would do so it must be concluded that no novelty exists.

2. If there exists in a prior art document disclosing a range of a parameter a reasoned statement dissuading the person skilled in the art from practising the technical teaching of the document in a certain part of the range, such part has to be regarded as novel for the purposes of Article 54 EPC.