In the event at problem the goal of the development a€“ particularly improving the selectivity to TCS a€“ was simply attained by incorporating chosen amounts of chromium to silicon and thus this particular feature had not been “directly related to one other features in the working example and relates straight and unambiguously toward more general framework” as required in T . The existing decision has also been consistent with T . They implemented the choosing for the benefits 550 ppm from working instance 3 got thus plainly acceptable in case at issue, with all the outcome your demands of Art. 123(2) EPC comprise fulfilled.
1.3 Technical sum a€“ improvement or deletion of an element
In T the panel emphasised that standard where a modification must certanly be straight and unambiguously derivable, using common general expertise, and viewed rationally and azerbaijan dating apps relative to the big date of submitting, from entire of the software as submitted, stays a pre-requisite for judging any amendment with regards to the element ways. 123(2) EPC. For this reason, the “relevance”, therefore, from the technical information is maybe not worth addressing for deciding upon the issue of Art. 123(2) EPC. In the event at problem it might also not be acknowledged from the board whenever an experienced person used their typical basic expertise, he would subsequently reach the combination of characteristics in claim 11 of additional consult 2.
Little were registered from the appellant (manager) to guide this debate, nor is such info derivable through the application as filed. The appellant’s (proprietor’s) discussion that an experienced people would understand exactly what factors comprise technically highly relevant to the development whenever including specific additional structural properties in to the declare is completely subjective.
It thus followed that the introduction into declare 11 of the first and second services led to the competent individual being served with a new mixture of qualities (for example. brand-new technical info) that he would not get straight and unambiguously, using usual basic wisdom, through the software as filed. Claim 11 thus contravened ways. 123(2) EPC and additional demand 2 is thus not allowable.
1.4 Disclaimers
The Enlarged panel in G 2/10 (OJ EPO 2012, 376) replied the issues described it by interlocutory , 256) the following:
1a. a modification to a claim by introduction of a disclaimer disclaiming as a result subject-matter revealed in program as submitted infringes Art. 123(2) EPC when the subject-matter staying when you look at the state following introduction associated with disclaimer just isn’t, whether explicitly or implicitly, straight and unambiguously disclosed to the skilled individual using common general facts, for the program as filed.
1b. Determining whether or not this is the circumstances requires a technical assessment with the total technical circumstances associated with specific instance in mind, taking into consideration the nature and degree for the disclosure during the application as submitted, the nature and extent of the disclaimed subject-matter and its partnership utilizing the subject-matter staying during the state following the modification.
Case T pertaining to an undisclosed disclaimer. Choice G 2/10 had been for that reason, prima-facie, maybe not worried about equivalent situation, so it is asked from the panel whether that choice was relevant whatsoever to your instance before it.
It determined, after detailed reason, the examination of grams 2/10 (discover grams 2/10, parts 1a from the Order, tips 4.5.1 and 4.5.2 of the Reasons) additionally relates to a modification involving an undisclosed disclaimer in the shape of which a state might made brand-new over a European patent application in accordance with ways. 54(3) EPC. The study of the admissibility in the amendment for compliance with Art. 123(2) EPC should be generated individually when it comes down to disclaimer by itself and also for the subject-matter remaining for the claim (read point 4. of the Reasons).