1. State of the art under Art. 54(2)

An invention is considered to be new if it does not form part of the state of the art. For a definition of "state of the art", see G‑IV, 1. It is important to note that, when considering novelty (as distinct from inventive step; see G‑VII, 6), it is not permissible to combine separate items of prior art. It is also not permissible to combine separate items belonging to different embodiments described in one and the same document unless such a combination has specifically been suggested (see T 305/87). On the specific case of selection inventions, see G‑VI, 7.

For determining novelty, it has to be decided which subject-matter has been made available to the public by a prior-art disclosure and so forms part of the state of the art. In this context, it is not only examples but the whole content of the prior-art document that has to be taken into consideration.

In addition, any matter explicitly disclaimed (with the exception of disclaimers which exclude unworkable embodiments) and prior art acknowledged in a document, in so far as explicitly described in it, are to be regarded as incorporated in the document.

It is also permissible to use a dictionary or similar reference document to interpret a special term used in a document.

An unclear term cannot be used to distinguish the invention from the prior art and is not allowable under Art. 84 (see F‑IV, 4.6.1).