T 0142/84 (Inventive step) du 08.07.1986

1. When the problem and solution approach is being applied to the determination of the question of inventive step, it is not necessary that the problem solved by the subject-matter of a prior document in the same specialised technical field should have been stated expressis verbis in that document, in order to establish that an inventive step is lacking on the basis of the disclosure in that document.

2. An extremely relevant document disclosing the combination of features forming the characterising part of a two-part claim may be admitted after the period for opposition has expired even in appeal proceedings, in the exercise of discretion under Article 114(2) EPC. (Considerations affecting the exercise of such discretion mentioned in case T 271/84 applied).