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T 1836/18 - Inventive step of device claim

Key points

  • Claim 1 is directed to a device (1) for on-site preparation and application of a bleach and/or disinfectant.
  • The Board, regarding inventive step: “The board considers that the problem formulated by the patentee unduly relies on a specific use of a method for controlling the device. Apart from the fact that some of the required use and method features are not defined in claim 1, the problem solved by a device claim should not be based on method and/or use features but on features defining the device as such. The board can therefore not agree that the device of claim 1 solves the problem formulated by the patentee.”
T 1836/18 - 

Decision text omitted.


source http://justpatentlaw.blogspot.com/2021/09/t-183618-inventive-step-of-device-claim.html
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