The infringement court has to interpret the patent in question independently and is neither legally nor effectively bound to the interpretation of the German Federal Court in a nullity proceeding related to the same patent.

 In case multiple embodiments are introduced in the description of a patent as according to the invention in case of doubt the terms used in the claim have to be understood as all examples can be considered for their provisions. Only in case and as far as it is impossible to bring the teaching of the claim in accordance with the description and the drawings and an unsolvable contradiction remains such parts of the description which are not represented in the claim are not allowed to be used for the determination of the subject-matter of the patent.