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COURT OF FIRST INSTANCE MILAN LOCAL DIVISION UPC CFI no. 727/2024, no. 493/2025 DECISION delivered on 5.5.2026 HEADNOTES Although statements made by the patent proprietor during examination proceedings before the EPO are not binding, they may nevertheless provide further guidance on interpretation as they reflect the possible opinion of the person skilled in the art. The applicant’s assertions during the grant proceedings can be seen as an indication of the view of the person skilled in the art at the filing date. KEYWORDS front loaded, claim interpretation, prosecution file, novelty, inventive step, realistic starting point, attacked embodiment. UPC CFI no. 727/2024 - no. 493/2025 2 of 52 CLAIMANT AGATHON AG Gurzelenstrasse 1, 4512 Bellach, Switzerland represented by Roland Küppers and Ta ...