T 0051/87 (Starting compounds) vom 08.12.1988

1. If a document necessary for carrying out the invention is not mentioned in the application as originally filed, the invention may nevertheless sufficiently be disclosed (Art. 83 EPC) if the document is part of the common general knowledge (following decision T 11/82, "Control circuit/LANSING BAGNALL", OJ EPO 1983, 479-492, at point 22).

2. Where the starting compounds are highly elaborated microbial metabolites, opening a field of research which is so new that technical knowledge is not yet available from textbooks, special considerations prevail on whether or not the common general knowledge of the man skilled in the art may include a patent specification (in contrast to the situation in the classical field as in T 171/84, "Redox Catalyst", OJ EPO 1986, 95 and T 206/83, "Herbicides", OJ EPO 1987, 5).

2. If a document is part of the common general knowledge and is the closest prior art, it may have to be introduced into the description (Rule 27(1)c) EPC). Article 123(2) EPC is not thereby contravened (following decision T 11/82).