Thermoplastische Zusammensetzung (thermoplastic composition), invalidity proceedings, Federal Supreme Court, Germany, 25 February 2010, Docket No. Xa. ZR 100/05
A workable disclosure of the invention might be denied if the protected subject-matter is generalized by open area specifications for physical characteristics in the patent claim beyond the solution given to the person skilled in the art with the entirety of documents that far that the patent protection exceeds the contribution of the invention to the prior art. If a method is disclosed providing a substance or other products the physical characteristics of which come under the open area, the workable, disclosed product according to the invention can be characterized in that it is obtainable through the indicated method.
Read the decision (in German) here.
Read the decision (in German) here.
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