g) Common general knowledge of the skilled person

In T 2070/13, as to the burden of proof, serious doubts were set out concerning whether the skilled person's common general knowledge would be sufficient to enable him to carry out the invention. As a consequence, the burden of proof shifted to the patentee. The mere assumption that anti-adherence of the claimed groups of compounds was known, and the reference to post-published D16 referring to a particular bacterial non-adhesion, was not convincing evidence that could discharge the respondent (patentee) from its burden of proof.

In relation to proof of common general knowledge, see in particular chapter I.C.2.8.5.