The FCJ held that the general suitability of a technical means of the common general knowledge to solve a technical problem can only suffice as a motivation for the skilled person to make use of this technical means if it is directly recognisable for the skilled person that the technical circumstances of the problem make the technical means appear objectively appropriate.
Case date: 27 March 2018
Case number: X ZR 59/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
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