Equivalent arrangement of the heating surface of a grill tray

The patent in dipute provides that the outer edge of the heating surface of the protected grill tray is connected to the cut edge of the furnace pan. With the controversial grill bowl the outer edge of the heating surface lies slightly outside the cut edge of the furnace tub. This slight projection of the outer edge does not alter the fact that the temperature of the grill tray produced by the defendant is also lower due to the flames emerging in the middle in the outer area of the heating surface, which allows the selection of an optimum temperature by shifting the food to be prepared, as this is explained in the specification of the patent. This minor and obvious deviation which essentially reaches the same effect therefore infringes the patent in suit (Vienna Appeal Court, 13.4.2018, 133 R 17/18z).

07.01.2019