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).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_b_4_3_5_a.htm
Date retrieved: 17 May 2021
5 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
Case Law Book: I Patentability
XCLR I B 4.3.5 Avoiding the exclusion of methods of treatment by surgery from patent protection under Article 53(c) EPC