Interpretation of G 2/21: Inventive step may be supported solely by post-published data (T 0116/18)
The IPKat
SEPTEMBER 10, 2023
The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 ( T 0116/18 ). The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee.
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