Topics: function
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Central Division Munich, July 21, 2026, Decision – Device Claim Defined by Structure Lacks Novelty Regardless of Function; No Obvious Typographical Error in Prior Art Where the Term Used Is Technically Plausible; UPC_CFI_714/2025
A device claim is assessed on structure, not function: A device claim defined exclusively by structural features is not, as a rule, limited to the device performing any particular function. If prior art discloses a device fulfilling all structural features of the claim and that device is suitable for the claimed purpose, the invention is…
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