European Patent Office

T 1246/21 of 14.07.2023

European Case Law Identifier
ECLI:EP:BA:2023:T124621.20230714
Date of decision
14 July 2023
Case number
T 1246/21
Petition for review of
-
Application number
11741336.9
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
Abstract on EPC2000 Art 056
Application title
AN OPTICAL SYSTEM DEMONSTRATING IMPROVED RESISTANCE TO OPTICALLY DEGRADING EXTERNAL EFFECTS
Applicant name
Visual Physics, LLC
Opponent name
Giesecke+Devrient Currency Technology GmbH
Board
3.4.02
Headnote
-
Keywords
Grounds for opposition - subject-matter extends beyond content of earlier application (yes)
Late-filed request - admitted (no)
Amendments - extension beyond the content of the application as filed (yes)
Inventive step - (no)
Inventive step - obvious combination of known features
Catchword
Since Article 56 EPC and the final stage of the problem-solution approach both consider what is obvious to a person skilled in the art, an inventive step cannot be acknowledged solely on the finding that the claimed subject-matter is not directly and unambiguously disclosed from the combination of two documents.
In other words, when considering the question of whether an invention is obvious starting from a document representing the closest prior art in combination with another document, it is not the mere sum of the teachings of these two documents that has to be considered; the skilled person's common general knowledge and skills must also be taken into account when combining the two documents.
Cited cases
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Citing cases
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Order

For these reasons it is decided that:

The appeal is dismissed.