Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
CHAPTER IV Annex EXAMPLES RELATING TO THE REQUIREMENT OF INVENTIVE STEP INDICATORS (see IV, 9.13)
3. Obvious selection?
3.2 Not obvious and consequently inventive selection among a number of known possibilities:
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
CHAPTER IV Annex EXAMPLES RELATING TO THE REQUIREMENT OF INVENTIVE STEP INDICATORS (see IV, 9.13)CHAPTER IV Annex EXAMPLES RELATING TO THE REQUIREMENT OF INVENTIVE STEP INDICATORS (see IV, 9.13)
3. Obvious selection?3. Obvious selection?
  3.1 Obvious and consequently non-inventive selection among a number of known possibilities:3.1 Obvious and consequently non-inventive selection among a number of known possibilities:       
 

3.2

Not obvious and consequently inventive selection among a number of known possibilities:

 

(i)

the invention involves special selection in a process of particular operating conditions (e.g. temperature and pressure) within a known range, such selection producing unexpected effects in the operation of the process or the properties of the resulting product;

 

Example: In a process where substance A and substance B are transformed at high temperature into substance C, it was known that there is in general a constantly increased yield of substance C as the temperature increases in the range between 50 and 130  C. It is now found that in the temperature range from 63 to 65  C, which previously had not been explored, the yield of substance C was considerably higher than expected.

 

(ii)

the invention consists in selecting particular chemical compounds or compositions (including alloys) from a broad field, such compounds or compositions having unexpected advantages.

 

Example: In the example of a substituted chemical compound given at 3.1(iv) under 3.1 above, the invention again resides in the selection of the substituent radical "R" from the total field of possibilities defined in the prior disclosure. In this case, however, not only does the selection embrace a particular area of the possible field, and result in compounds that can be shown to possess advantageous properties (see IV, 9.11 and VI, 5.3.5) but there are no indications which would lead the person skilled in the art to this particular selection rather than any other in order to achieve the advantageous properties.