The Federal Court of Justice held that introducing only selected features of an example into a claim is allowable if the resulting combination in the claimed generality is derivable from the application as originally filed. Further, a general incentive from the prior art does not render the specific embodiment of an invention obvious.
Case date: 31 July 2018
Case number: X ZR 108/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
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