See ISPE Guidelines 5.44.
Once the examiner has set out a reasoned case that, for example, a broad claim is not supported over the whole of its breadth, the onus of demonstrating that the claim is fully supported lies with the applicant (see GL/PCT‑EPO F‑III, 4).
The question of support is illustrated by examples (i) to (iii) in GL/EPO F‑IV, 6.3. See also ISPE Guidelines 5.53.
Where it is found that the claims lack support in the description under Art. 6, it may be appropriate for the examiner to first invite the applicant to provide informal clarification before the search is carried out (see GL/PCT‑EPO B‑VIII, 3.3-3.6).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/f_iv_6_3.htm
Date retrieved: 17 May 2021
8 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - F The European Patent Application
EPO PCT GL - B Search
EPO PCT GL - F (not assigned)
XGL-PCT F III 4 Burden of proof as regards the possibility of performing and repeating the invention