If from a skilled person’s point of view there is reason to consider using a certain construction in the context of a technical improvement of a device, and such use does not require an inventive step, simply retaining this construction does not lead to a different assessment even if perceptible disadvantages of said construction could give a person skilled in the art a concrete impetus not to continue using it.
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Decision of the Federal Supreme Court (Bundesgerichtshof) 25 September 2012 – Case No. X ZR 10/10. “Toggle Lever Clamping Device” (Kniehebelklemmvorrichtung). IIC 44, 603 (2013). https://doi.org/10.1007/s40319-013-0071-0
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DOI: https://doi.org/10.1007/s40319-013-0071-0