5. Implicit disclosure and parameters 

In the case of a prior-art document, the lack of novelty may be apparent from what is explicitly stated in the document itself. Alternatively, it may be implicit in the sense that, in carrying out the teaching of the prior-art document, the skilled person would inevitably arrive at a result falling within the terms of the claim. An objection of lack of novelty of this kind is raised by the examiner only where there can be no reasonable doubt as to the practical effect of the prior teaching (for a second non-medical use, however, see G‑VI, 6).

Situations of this kind may also arise when the claims define the invention, or one of its features, by parameters (see F‑IV, 4.11). The relevant prior art may mention a different parameter, or no parameter at all. If the known and the claimed products are identical in all other respects (which is to be expected if, for example, the starting products and the manufacturing processes are identical), then this initially gives rise to an objection of lack of novelty. The burden of proving an alleged distinguishing feature lies with the applicant. No benefit of the doubt can be given if the applicant does not provide evidence in support of the allegations (see T 1764/06). If, on the other hand, the applicant is able to show, e.g. by appropriate comparison tests, that there are differences between the parameters, it is questionable whether the application discloses all the features essential to manufacture products having the parameters specified in the claims (Art. 83).