T 560/20 - Change from novelty objection to inventive step in decision to refuse
Does membrane thickness have a technical effect? Does it matter? |
During prosecution the claim was objected to on the basis of novelty. In its decision to refuse, it was acknowledged that the thickness of a membrane was not disclosed in the prior art document. As said thickness had no technical effect, the Examining division turned the novelty objection into an inventive step objection. The appropriate thickness could be found from the common general knowledge.
The board does not like this, and in fact, considers it to be a substantial procedural violation