The Federal Court of Justice held that the fact that all of the embodiment examples in an application comprise a specific feature stands in the way of claiming protection for embodiments without this feature, if it can be derived from the content of the application that the means provided in the claim serve to solve a problem which necessitates the presence of the feature in question.
Case date: 07 November 2017
Case number: X ZR 63/15
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.