An invention is considered to be new if it does not form part of the state of the art. For a definition of "state of the art", see IV, 5. It should be noted that in considering novelty (as distinct from inventive step, see IV, 9.9), it is not permissible to combine separate items of prior art together. It is also not permissible to combine separate items belonging to different embodiments described in one and the same document, unless such combination has specifically been suggested (T 305/87, OJ 8/1991, 429).

However, if a document (the "primary" document) refers explicitly to another document as providing more detailed information on certain features, the teaching of the latter is to be regarded as incorporated into the document containing the reference, if the document referred to was available to the public on the publication date of the document containing the reference (see T 153/85, OJ 1-2/1988, 1) (For the state of the art pursuant to Art. 54(3), see IV, 6.1, and II, 4.18, penultimate paragraph). The relevant date for novelty purposes, however, is always the date of the primary document (see IV, 7.3).

Furthermore, any matter explicitly disclaimed (with the exception of disclaimers which exclude unworkable embodiments) and prior art acknowledged in a document, insofar as explicitly described therein, are to be regarded as incorporated in the document.

It is further permissible to use a dictionary or similar document of reference in order to interpret a special term used in a document.