T 0155/85 (Passivation of catalyst) of 28.07.1987

1. It is not acceptable to rely on an effect which has previously been described as undesirable and of no value by the applicant, to present the same suddenly as possibly representing an advantage from another point of view, and thereby to imply that the technical problem and the considerations for the inventive step should take this reversal into account. While a redefinition of the technical problem is normally permissible and even necessary on the basis of the comparison of achievements with the closest prior art, this should not contradict earlier statements in the application about the general purpose and character of the invention.

2. Subject-matter falling structurally between two particular embodiments of cited disclosure and displaying, in all relevant respects, effects substantially between those known for the same embodiments, lacks inventive step in the absence of other considerations.