Gelomyrtol, Federal Court of Justice (Bundesgerichtshof), 23 October 2012
March 22, 2013
A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a complex com¬po-sition that is not easily identifiable, if the skilled person can establish a manageable number of hypotheses on the potential composition, one of which could then be confirmed with the available analysis tools. A unique outcome that excludes any other conceivable composition is not required.
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