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:…
The FCJ confirmed that a new means of challenge based on the technical content of a document filed for the first time in the course of appeal proceedings is only to be admitted under the provisions of Section 531 paragraph 2 numbers 1 to 3 of the German Code of Civil Procedure, irrespective of whether…
The Federal Court of Justice held that: The sequence of steps in a method claim is normally determined by the claim’s wording. A completely new attack based on a document only filed upon appeal is too late and not to be admitted on appeal. Case date: 09 May 2017 Case number: X ZR 97/15 Court: Federal Court of…
