1.4.4 The essentiality or three-point test
You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here |
The board in T 1472/15, citing T 2311/10 and T 1852/13, held that, contrary to how T 331/87 had often been misinterpreted, the "essentiality test" was not absolute vis-à-vis the "gold standard" and could merely be used as an aid in ascertaining what had been originally disclosed (see also T 648/10, T 755/12, T 2095/12 and T 46/15).