Decision Keyword:
Zirconium oxide
Law applied:
EPC Art. 54, Art. 56, Art. 138 para. 1 lit. b
IntPatÜG Art. II § 6 para. 1 no. 2
Summary:
1. A range of values limited in only one direction may be disclosed if the invention discloses a generalizable teaching going beyond this, which enables the skilled person for the first time to look for further possibilities for improvement and to exceed the maximum value specifically disclosed in the patent (following BGH GRUR 2019, 713 para. 46 - Cerium-zirconium mixed oxide I). (margin no. 35 - 38)
2. A composition based on zirconium oxide and cerium oxide for three-way catalysts with a sulphur content of less than 200 ppm, which has a specific surface area of between 40 m2/g and 55 m2/g after 6 hours of calcination at 1000°C, is disclosed in the patent specification, is practicable, new and inventive. ( margin no. 49 - 98)
3. The requirements for sufficient disclosure for practicability are different from those for direct and unambiguous disclosure as applied to the novelty test. ( margin no. 87)
Federal Supreme Court (BGH), Judgment of 10 October 2024 – X ZR 112/22, GRUR-RS 2024, 32002
Download Judgment (machine translation)
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