Friday, June 02, 2017 T 1818/12 - On evidence, sufficiency, and effect

This pencil cracked under the pressure

The main claim in this opposition appeal concerns an E. coli host cell sample subjected to non-lysing pressure. According to the opponent the examples in the patent are the only known cell systems that do not lyse under the conditions of the claim, or that give the effect of increased yield. As a result, the claim is neither workable nor inventive over the entire scope claimed. 

The Board has problems with the evidentiary value of the documents cited by the opponent. Furthermore, that there exists an embodiment falling under the scope of the claim that does not show the effect is in itself not enough to deny inventive step.