T 0426/88 (Combustion engine) of 09.11.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T042688.19901109
- Date of decision
- 9 November 1990
- Case number
- T 0426/88
- Petition for review of
- -
- Application number
- 81300304.3
- IPC class
- F02D 37/02F02P 5/145
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- LUCAS
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.02
- Headnote
1. When books, representing common general knowledge, describe a basic general technical theory or methodology and exemplify the same with specific applications in certain technical fields only, these do not limit the general scope and relevance of such disclosures so as to exclude possible applications in other fields.
2. Furthermore, it is also the view of the Board that the language of publication alone cannot be decisive for the admissibility of a technical book representing the common general knowledge of the skilled person. Otherwise, there would be a differentiation between skilled persons according to their nationality as regards their knowledge, which would be against the objective assessment of the inventive step and be prejudicial to equal treatment.
- Relevant legal provisions
- European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step (no)
Technical books representing common general knowledge - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided at oral proceedings that:
The appeal is dismissed.