This chapter concerns the "inescapable trap" of Art. 123(2) EPC in combination with Art. 123(3) EPC when the applicant inadmissibly adds a limiting feature to the claim. A similar trap may exist in the situation in which there is no violation of Art. 123(2) EPC but a lack of novelty due to loss of priority, see T 1983/14 summarised in chapter II.E.2.4.1 above. For the situation in which an unclear feature (Art. 84 EPC) is deleted from the claim and the argument that this also might lead to an "inescapable trap", see T 81/13 summarised in chapter II.E.1.4.7 above.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_e_3.htm
Date retrieved: 17 May 2021
11 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
Case Law Book
Case Law Book: II Conditions to be met by an Application
XCLR II E 3.3 Addition to the claim of an undisclosed feature limiting protection conferred, without providing a technical contribution