T 0077/87 (Erroneous abstract) vom 16.03.1989

1. When it is clear from related contemporaneously available evidence that the literal disclosure of a document is erroneous and does not represent the intended technical results, such an erroneous disclosure should not be considered as part of the state of the art under Article 54 EPC.

2. When a published abstract contains a cross-reference to its original document which is contemporaneously available, and the literal disclosure of the abstract is inconsistent with the disclosure of the original document, the abstract should be interpreted by reference to the original document for the purpose of ascertaining the technical reality of what has been disclosed. If it is then clear that the disclosure in the abstract is erroneous, such erroneous disclosure should not be considered as part of the state of the art.