CD Munich, April 8, 2026, Decision, UPC_CFI_280/2025

1. Key takeaways

A realistic starting point in the same technical field does not automatically render the claimed invention obvious (Art. 56 EPC, Art. 65(1)–(2) UPCA).

Even if prior art qualifies as a realistic starting point, it remains relevant for the inventive step assessment that it relates to a different kind of device and solves a different problem than the claimed invention. Here, realistic starting point document disclosed a roof fan mounted in abutment against a roof, whereas the patent claimed an exhaust pipe extending through the roof. 

Claim features defining “physical and spatial configuration” are fully limiting and not mere suitability requirements (Art. 69 EPC).

The feature “extending through an outer roof of a building” was held to physically and spatially define the claimed device rather than merely describing functional suitability. It requires a lower part under the roof, a part through the roof, and an upper part above it. Devices mounted flat against a roof