No inventive step in case of obviousness of the claimed subject matter "planar element" (BGH)

Law applied:

EPC Art. 52(1), Art. 56, Art. 138(1)(a)

Summary:

When assessing the question of whether the prior art has provided a suggestion for the skilled person to arrive at the teaching claimed by the patent in suit, the overall context of the prior publication must be taken into account. (paras. 42 - 44)

BGH, Judgment of October 18, 2022 – X ZR 32/21 –

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