T 2160/18 - Novelty: beyond doubt - not merely probable

Key points

•  " It is established jurisprudence of the Boards of Appeal that, for concluding lack of novelty, the claimed subject-matter must be directly and unambiguously derivable from the prior art. For ascertaining the disclosure of a document forming part of the state of the art within the meaning of Article 54(2) EPC, the relevant date is the date of its publication (see T 205/91 of 16 June 1992, T 737/00 of 21 May 2003, and T 1162/07 of 6 October 2010). It has to be beyond doubt - not merely probable - that the disclosure in the state of the art would inevitably lead to subject-matter falling within the scope of the claim."
• The Board recalls established case law. I will soon post about T 1708/18, which challenges this case law.

EPO 

The link to the decision is provided after the jump.

https://www.epo.org/law-practice/case-law-appeals/recent/t182160eu1.html