CLR I B 4.3.5.A Claim cannot be left to encompass surgical step

The Enlarged Board in G 1/07 (OJ 2011, 134) confirmed the established case law of the boards of appeal, according to which a claim encompassing an embodiment which was excluded from patentability under Art. 53(c) EPC could not be left unamended. Contrary to what the appellant had argued, it found that this principle had been upheld in G 1/98 (OJ 2000, 111).

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EPC Articles

Case Law Book: I Patentability

Case Law of the Enlarged Board