Enabling Disclosure

The applicant applied for a patent under the title "anti snoring baloon". The application contained no (patent) claims only a description and a test report. The description mentioned the desired properties of the balloon and the effects to be achieved in its application, but did not disclose the technical characteristics which lead to the solution. Accordingly, the Vienna Court of Appeals confirmed the findings of the Patent Office that the invention was not disclosed in an enabling matter within the meaning of Sec. 87a Patent Act that a person skilled in the art could carry it out. In addition, the subject matter of the patent application was not new or obvious to the person skilled in the art, as far as the invention could be interpreted from in the filed documents. (Vienna Court of Appeals 12.09.2017, 133R64/17k)