T 0066/85 (Connector) of 9.12.1987

European Case Law Identifier: ECLI:EP:BA:1987:T006685.19871209
Date of decision: 09 December 1987
Case number: T 0066/85
Application number: 80301128.7
IPC class: H01R 23/66
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 303 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: AMP
Opponent name: -
Board: 3.5.01
Headnote: 1. If a technical feature is deleted from a claim in the course of prosecution of a European patent application in order not to exclude from protection certain embodiments of the invention, the broadening of the claim does not contravene Article 123(2) EPC as long as there is a basis for a claim lacking this feature in the application as originally filed. It is immaterial whether or not the feature in question is relevant to the inventive concept of the claimed subject-matter.
2. When certain embodiments of an invention, which would be included in the scope of a claim by broadening its terms (e.g. by deleting a technical feature from the claim), are disclosed solely in the drawings as originally filed such broadening does not contravene Article 123(2) EPC if the person skilled in the art can clearly and unambiguously recognise these embodiments from the drawings.
Relevant legal provisions:
European Patent Convention 1973 Art 123(2)
Keywords: Broadening of claim (allowed) - basis solely in drawings
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0248/88
T 0392/89
T 0748/89
T 0118/91
T 0319/91
T 0027/92
T 0441/92
T 0545/92
T 0191/93
T 0058/94
T 0228/98
T 1040/98
T 0690/05
T 1726/06
T 1515/11

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Offical Journal of the EPO

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

General Case Law