| European Case Law Identifier: | ECLI:EP:BA:1987:T013385.19870825 | ||||||||
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| Date of decision: | 25 August 1987 | ||||||||
| Case number: | T 0133/85 | ||||||||
| Application number: | 80302390.2 | ||||||||
| IPC class: | B65H 29/12 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Document handling apparatus and method | ||||||||
| Applicant name: | Xerox | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | 1. A claim which does not include a feature which is described in the application (on the proper interpretation of the description) as an essential feature of the invention, and which is therefore inconsistent with the description, is not supported by the description for the purpose of Article 84 EPC. 2. If such feature was described as an essential feature of the invention in the application as originally filed, an amendment to the description to provide support for such a claim (as in subparagraph 1 above) is not allowable under Article 123(2) EPC, because the amended description would contain subject-matter which extends beyond the content of the application as filed - namely information that such feature was not an essential feature of the invention. |
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| Keywords: | Claim not supported by description - essential feature missing in the claim Added subject-matter deletion of essential feature in description |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t850133ex1.html
Date retrieved: 17 May 2021
28 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)