T 0424/23 of 12.03.2026
- European Case Law Identifier
- ECLI:EP:BA:2026:T042423.20260312
- Date of decision
- 12 March 2026
- Case number
- T 0424/23
- Online on
- 10 June 2026
- Petition for review of
- -
- Application number
- 16745726.6
- IPC class
- G01M 17/007
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- APPARATUS TO SIMULATE DRIVING A LAND VEHICLE
- Applicant name
- VI-grade GmbH
- Opponent name
- McLaren Racing Limited
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 111(1)European Patent Convention Art 54(1)European Patent Convention Art 56Rules of procedure of the Boards of Appeal 2020 Art 012(3)Rules of procedure of the Boards of Appeal 2020 Art 012(5)
- Keywords
- Grounds for opposition - lack of novelty (no)
Grounds for opposition - insufficiency of disclosure (no)
Grounds for opposition - lack of inventive step (no)
Patent maintained as granted
Remittal to the department of first instance
Remittal - (no) - Catchword
- In the context of the problem-solution-approach, the document to be combined with the closest prior art does not need to state explicitly that it solves the objective technical problem for it to be considered by the skilled person. It suffices that the skilled person is able to recognise that it does so, once the combination document has been found by the skilled person. However, the skilled person still needs a reason to take such a document into consideration (see points 16 to 18 of the Reasons).
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is maintained as granted.