T 0024/81 (Metal refining) of 13.10.1982

I. Objectivity in the assessment of inventive step is achieved by starting out from the objectively ruling state of the art, in the light of which the technical problem is determined which the invention addresses and solves from an objective point of view, and consideration is given to the question of the obviousness of the disclosed solution to this problem as seen by the man skilled in the art and having those capabilities which can be objectively expected of him. In contrast a mere investigation for indications of the presence of inventive step is no substitute for the technically skilled assessment of the invention vis-a-vis the state of the art, pursuant to Article 56 EPC. Where such indications are present, the overall picture of the state of the art and consideration of all significant factors may show that inventive step is involved, but will not necessarily do so. A process developed in the light of a need which arose relatively shortly before the application is not deemed to involve inventive step if this need could be readily met by an obvious combination of teachings from the state of the art.

II. When examining for inventive step, the state of the art must be assessed from the point of view of the man skilled in the art at the time of priority relevant for the application. Consequently all previously published embodiments must be taken into consideration which offered a suggestion to the skilled practitioner for solving the problem addressed, even where those embodiments were not particularly emphasised.