9.3. Combination invention

In T 1272/22 the appellant (opponent) and respondents (patent proprietors) disputed whether there was a synergistic effect between the distinguishing features, even if it were considered they served the same purpose. The board, applying Headnote II of G 2/21, could not see that the skilled person would have derived the synergistic technical effect referred to by the respondents when considering the application as originally filed. There was no explicit mention of any relationship between the two features and the position of the critical section for the efficiency of the connection, which the respondents had also relied on in its arguments in support of there being synergy, was not defined in the contested patent. The alleged synergy did not appear to the board to be derivable by the skilled person from the application as originally filed and it therefore held the partial problem approach was thus justified in the case in hand.