T 0188/83 (Vinyl acetate) of 30.07.1984

I. If for the purposes of a chemical production process previously described a certain ratio of reactants, defined in terms of a range, is chosen, the said ratio being covered by the conventional teaching but not mentioned in it, this may involve a new invention. The novelty of this range is destroyed if the previous description contains examples which fall within it. The range is not rendered novel by the fact that the values calculated from the examples are excepted by means of a disclaimer, at least not if these values cannot be regarded as individual on the basis of the broader previously known teaching in the light of general knowledge of the art.

II. Moreover a production process of this kind is not rendered novel by the fact that reference is made to an advantage associated therewith which has hitherto not been recognised by those skilled in the art an which takes effect without the process having been modified.