If, in the description of a patent, a known prior art is described as being disadvantageous and if a feature provided for in the patent claim is highlighted as a means of overcoming this disadvantage, this feature is, in the event of doubt, not to be understood as being reflected in the prior art from which it is precisely intended to differ (supplement to decision of the Federal Supreme Court, 27 November 2018 – X ZR 16/17, GRUR 2019, 491 para. 19 – Scheinwerferbelüftungssystem).
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Translated from the German by David Wright.
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European Patent Convention, Art. 69; Patent Act, Sec. 14. “Quick-Change Arbor [Schnellwechseldorn]”. IIC 52, 1409–1421 (2021). https://doi.org/10.1007/s40319-021-01134-x
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DOI: https://doi.org/10.1007/s40319-021-01134-x