T 0355/97 (Hydrogenation/NORAMCO) of 05.07.2000

Inventive step (no) - alleged improvement of technical effect - burden of proof on proprietor - not discharged by unverifiable statement in description - reformulation of problem - obvious solution

Each of the parties to the opposition-appeal proceedings carries the burden of proof for the facts it alleges (following T 270/90, OJ EPO 1993, 725). If the Proprietor of the patent alleges the fact that the claimed invention improves a technical effect, then the burden of proof for that fact rests upon him. The unverifiable statement in the specification of the patent in suit that the tecnical effect is improved which is devoid of any corroborating evidence, does not discharge the Proprietor from his burden of proof with the consequence that the unsubstantiated allegation is not to be taken into annount (point 2.5.1 of the reasons).