Whether figures in patent publications are to be regarded as merely schematic representations, as they are usually found in patent specifications, or as drawings true to scale, is a question of the individual case, which must be answered from the perspective of the person skilled in the art to whom the invention is directed.

In addition to the type of representation, the person skilled in the art considers above all the function of the respective figure. A drawing is particularly likely to be true to scale if it serves to illustrate the proportions described in the text, and the text and the figure correspond in this respect.

In the present appeal proceedings, the opponent (respondent) argued that a proportion could be clearly deduced from the figures in a prior art document, but that the text did not disclose this proportion.

The German Federal Patent Court (BPatG) shares this view, as the prior art document fulfils several criteria. The figures are very detailed in their presentation and essentially resemble construction drawings. Furthermore, there is a very high degree of correspondence between the values listed in the description and the representations in the figures, such that the figures are considered to be true to scale by a person skilled in the art. Thus, further proportions can be derived from the figures. In its decision, the BPatG follows the established case law of the German Federal Court of Justice (BGH) (decision of 16 October 2012, X ZB 10/11 – Steckverbindung).