T 0919/23 - The background section of a scientific article as common general knowledge

Key points

• "document D38 is a scientific article. Though it dates from 2011, such a document would not normally be considered as part of common general knowledge. However, the appellant convincingly argued by referring to decision T 1249/22 (Reasons 14.3) that a statement in the background section of a scientific paper explaining that something was a common measure may, depending on circumstances, be considered to establish that this measure was common general knowledge. "
• "The introductory portion of document D38 starts below the abstract on page 233 and continues until halfway through page 237. It discusses different sealing methods used in packaging processes at the time of the article and, in particular, gives an overview of the principles of conduction sealing and ultrasonic sealing (page 234, first paragraph: "Ultrasonic welding is an established and well-known method for joining polymers"). This is followed on page 235 by an explanation of the heating mechanism responsible for the ultrasonic welding of thermoplastic polymers. Finally, on pages 236 and 237, an account is given of the main process parameters of conduction sealing and ultrasonic sealing in a way which implies that these parameters had been well-known in the art for many years preceding the publication date of the scientific paper ("Typical sealing times range from [...]", "The sealing force is normally applied by springs or fluidic actuators"). "
• "The board cannot find any reason why the introductory portion of document D38 would not constitute proof of common general knowledge before the priority date of the contested patent." 

EPO 

The link to the decision can be found after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t230919eu1