In the assessment of inventive step, the question whether the prior art discloses a pointer for the skilled person to use the measures described therein, and to apply these to a known substance, could be relevant. It should be investigated whether the measures from the prior art gave rise to the expectation that the solution of the technical problem to be solved could be expected.
A summary of this case will be posted on http://www.KluwerIPCases.com
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