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.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_e_1_7_3_d.htm
Date retrieved: 17 May 2021
4 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Case Law Book: II Conditions to be met by an Application
XCLR II E 1.7.3 Decisions applying the criteria established by the Enlarged Board in G 1/03 and G 1/16