The German Federal Supreme Court decides on claim interpretation

In a decision of April 1, 2014, the German Federal Supreme Court has revoked a first instance decision of the German Federal Patent Court in an invalidity case (X ZR 31/11). Crucial was the interpretation of a claim concerning a “tyre removal machine … comprising a device in accordance with claims 1 to 12”. The first instance has come to the conclusion that subject matter of this claim is a tire removal machine comprising a device which needs to show cumulative all features of all claims from 1 to 12. The German Federal Supreme Court ruled to the contrary that the subject matter of the claim is a tyre removal machine comprising a device which can show alternatively the features of claims 1 to 12 or combinations thereof. The German Federal Supreme Court based its claim interpretation on the understanding of the skilled person regarding the patent description and the drawings which approach is in line with Article 69 EPC.