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Date of decision
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28 June 2005
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Case number
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T 1329/04
- 3.3.8
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Application number
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94907259.9
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Title of the application
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Growth differentiation factor-9
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Applicant name
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THE JOHNS HOPKINS UNIVERSITY SCHOOL OF MEDICINE
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Keywords
Main and auxiliary requests - inventive step (no) - no plausible
solution of technical problem is provided
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Catchwords:
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The definition of an invention as being a contribution to the
art, i.e. as solving a technical problem and not merely putting
forward one, requires that it is at least made plausible by the
disclosure in the application that its teaching solves indeed
the problem it purports to solve. Therefore, even if
supplementary post-published evidence may in the proper
circumstances also be taken into consideration, it may not serve
as the sole basis to establish that the application solves
indeed the problem it purports to solve.
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