9.10. Selection inventions

In T 2623/11 the board stated that for selection inventions, only if the selection is connected to a particular technical effect, and if no hints exist which lead the skilled person to the selection, may an inventive step be accepted. In the case in hand, there was no support in the application for the claimed selection being connected to any particular technical effect. Moreover, hints existed in the state of the art which led the skilled person to the selection.

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