Explicit and Implicit Disclosure

A commercially available product does not per se implicitly disclose anything beyond its composition or internal structure. Other characteristics, which are only revealed when the product is exposed to interaction with specifically chosen outside conditions in order to provide a particular effect or result, or to discover potential results of capabilities, are dependent on deliberate choices being made and cannot be considered as made available to the public.

When determining, if a prior art document makes available to the public the inevitable result of practising the teaching contained therein, a distinction must be made between what has in fact been made available, and what remains hidden or otherwise has not been made available to the public. Whether an undisclosed technical effect that inevitably occurs when a previously disclosed technical teaching is carried out is made available by the technical teaching must be decided on a case by case basis.