GL H V 3.2 Inclusion of additional features

A claim may be limited by the inclusion of additional features, provided the resulting combination was directly and unambiguously disclosed in the application as originally filed in an explicit or implicit manner (see H‑IV, 2.1) and does not relate to an invention which was not searched (see H‑II, 6, and H‑II, 7.2). If the resulting combination is novel over the application as originally filed (see the test for novelty given in G‑VI, 2), the amended claim does not fulfil the requirements of Art. 123(2).[Art. 123(2); ]
The fact that the resulting combination can be seen as:
– "not inconsistent" with the description (T 495/06) or
– "reasonably plausible" (T 824/06) or
– "obvious" in view of the application (T 329/99)
is not sufficient for an amendment to be allowable under Art. 123(2), since its direct and unambiguous disclosure is required.
A claim may be limited by inclusion of additional features, for example:
(a)from dependent claims, which were dependent on the claim to be limited; 
(b)from the description (see also H‑V, 3.2.1);
(c)from drawings (see H‑V, 6);
(d)arising from the conversion of an independent claim to a dependent claim; 
provided the above requirements are fulfilled.

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EPC Articles

EPO Guidelines - G Patentability

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Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications

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