CLR II C 6.2 Hypothetical embodiments

In T 515/00 the board pointed out that an invention cannot be considered to be irreproducible merely because a claim encompasses a hypothetical embodiment which lies outside the breadth of the claim as determined by the Protocol on the Interpretation of Art. 69 EPC 1973, which embodiment cannot be reproduced (endorsed in T 519/07).

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

General Case Law