Law applied:
EPC Art. 52 (1), Art. 56, Art. 138 (1) (a)
Summary:
A prior publication may also disclose that which is not expressly mentioned in the patent claim and in the description, but which, from the point of view of the person skilled in the art, is self-evident for the implementation of the protected teaching and therefore does not require a special disclosure but is "read along" (connection to BGH GRUR 2014, 758 - Proteintrennung). (para. 74)
BGH, Judgment of January 17, 2023 - X ZR 15/21 -
Download full Judgment (machine translation)
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