This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem to seek the solution of a technical problem in the way as presented in the patent.

Case date: 10 July 2018
Case number: X ZR 65/16
Court: Federal Court of Justice of Germany

A full summary of this case has been published on Kluwer IP Law.


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