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). https://doi.org/10.1007/s40319-016-0516-3
- Patent specification
- Semantic content of a patent claim
- Measures differing in degree
- Linguistic, logical-scientific and technical interpretation
- Prevelance of technical meaning