T 0231/89 (Flat torsion spring) of 14.6.1991

European Case Law Identifier: ECLI:EP:BA:1991:T023189.19910614
Date of decision: 14 June 1991
Case number: T 0231/89
Application number: 83200171.3
IPC class: E06B
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 521 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Bruynzeel
Opponent name: -
Board: 3.2.02
Headnote: I. It would be unjustified to declare a patent invalid on the grounds of Article 100(c) EPC for the reason alone that an amendment introducing a limiting feature during prosecution with the approval or recommendation of the Office extended the subject-matter of the patent beyond the content of the application whilst the removal of the same feature is, on the other hand, to be prevented under Article 123(3) EPC. In such cases a reasonable and balanced interpretation of the two paragraphs 2 and 3 of Article 123 EPC is necessary. As long as such scope-limiting feature in a claim is meaningful but immaterial in respect of the novelty and inventive step of the claimed subject-matter, Article 123(3) EPC is to be regarded as dominant over Article 123(2) EPC and the feature may therefore remain in the claim notwithstanding its character of added matter (cf. point 3.1 of the Reasons).
II. On the other hand, the extent of protection determined by a claim having a specific feature without technical meaning is independent of such a feature and of its deletion, i.e. the same can be deleted without contravention of Article 123(3) EPC (cf. point 3.5 of the Reasons).
Relevant legal provisions:
European Patent Convention 1973 Art 69(1)
European Patent Convention 1973 Art 123(2)
European Patent Convention 1973 Art 123(3)
Keywords: Conflict between Article 123(2) and 123(3) EPC
Extent of protection is not influenced by a feature without technical meaning
Deletion of feature in a granted claim (allowable)
Relevance of Article 69(1) EPC - Protocol on Interpretation
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0001/93
T 0572/90
T 0938/90
T 0757/92
T 0997/92
T 1066/98
T 1470/05

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890231ex1.html

Date retrieved: 17 May 2021

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