CLR II E 1.7.3.D Drafting of disclaimers – delimitation against any potential prior art

In T 285/03 the board found that the interpretation offered by the appellant amounted to a disclaimer although it was not phrased in the usual form. However, that disclaimer was not based on a particular prior art disclosure, whether accidental or not, but tried to delimit the claim against any potential prior art disclosure, contrary to the principles set out in G 1/03.

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

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