Decision keyword:
Tertiary optics
Law applied:
EPÜ Art. 54(2)
Summary:
When examining an invention for novelty, a further document referred to in a prior publication may only be taken into account if it is made sufficiently clear which information contained therein is referred to and forms the basis of the prior publication, and if this information is accessible to the reader on the relevant date (confirmed by Federal Supreme Court (BGH), judgment of November 4, 2008 - X ZR 154/05, para. 26).
Federal Supreme Court, judgment of September 23, 2025 – X ZR 102/23–
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