4.4. Reformulation of the technical problem
Overview
4.4. Reformulation of the technical problem
In accordance with the case law of the boards, the technical problem can be reformulated, and in certain circumstances actually has to be reformulated, since the only factor of importance in determining the problem objectively is the result actually achieved in relation to the closest state of the art (see e.g. T 1397/08, T 2406/18). The problem as first formulated can be modified even at the appeal stage (see e.g. T 162/86, OJ 1988, 452, T 1397/08; T 2371/13; T 659/15) as long as the spirit of the original disclosure of the invention is respected. See also T 2371/13, T 659/15. However, a reformulation of the technical problem is conditioned by certain limitations (see in this chapter I.D.4.4.3).
- T 1001/18
Catchword:
Since the problem and solution approach defines the problem based on the effect of the differences from the closest prior art, and the effect is derived primarily from the disclosure of the invention, the effect documented in the present documents alone is taken as the basis for the problem formulation. The Board concluded that any further, undocumented effects would be speculative and should not be additionally included in the problem formulation (reasons 5.3.2)
- 2023 compilation “Abstracts of decisions”