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“Air Cap System” (Luftkappensystem)

Decision of the Federal Supreme Court (Bundesgerichtshof) 13 October 2015 – Case No. X ZR 74/14

  1. 1.

    If, in a patent specification, two measures that differ only in degree (here: blocking and restriction of an air flow) are named without detailed differentiation as the starting point for a problem arising in the state of the art, then it cannot without further justification be concluded from the fact that only the measure with the stronger effect (here: blocking) is mentioned in the patent claim that the measure with weaker effect is not sufficient to embody the protected teaching.

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European Patent Convention, Art. 69; Patent Act, Sec. 14. “Air Cap System” (Luftkappensystem). IIC 47, 843–847 (2016).

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  • Patent specification
  • Semantic content of a patent claim
  • Measures differing in degree
  • Linguistic, logical-scientific and technical interpretation
  • Prevelance of technical meaning