The board in T 1472/15, citing T 2311/10 and T 1852/13, held that, contrary to how T 331/87 had often been misinterpreted, the "essentiality test" was not absolute vis-à-vis the "gold standard" and could merely be used as an aid in ascertaining what had been originally disclosed (see also T 648/10, T 755/12, T 2095/12 and T 46/15).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_e_1_4_4_b.htm
Date retrieved: 17 May 2021