Expanding on T 13/84 (OJ 1986, 253), it was stated in T 547/90 and T 530/90 that reformulating the technical problem was not in breach of Art. 123(2) EPC 1973 provided the problem as clarified and the solution proposed could have been deduced from the application as a whole in the form originally filed (see T 871/08 of 8 December 2011 date: 2011-12-08, T 2076/09).
On the reformulation of the technical problem, see also chapters I.D.4.4. – 4.6.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_e_1_14_6.htm
Date retrieved: 17 May 2021