GL H V 3.5 Disclaimer disclosed in the application as originally filed

In this case, the original application already indicates that specific subject-matter is not part of the invention.

Negative features help to define the claimed invention in the same way as positive ones, and must be examined on the same basis. In other words, they may confer novelty and, like positive features, are assessed as to their relevance to inventive step.

GL H V 3.4 Further cases of broadening of claims

The deletion of a statement regarding use or intended purpose in an independent product claim fulfils the requirements of Art. 123(2) only if the application as filed offers a basis for the assumption that the product can also be used in some other way (and if the statement of purpose does not amount to a functional limitation).[Art. 123(2); ]

The broadening of a claim by exchanging a particular feature for a more general feature cannot be based on an indication that it

GL H V 3.3 Deletion of part of the claimed subject-matter

It is permissible to delete parts of the claimed subject-matter if the corresponding embodiments were originally described, e.g. as alternatives in the claim or as embodiments explicitly set out in the description. [Art. 123(2); ]

Example:

Original application:

"A polymer blend XY ...

GL H V 3.2.1 Intermediate generalisations

Extracting a specific feature in isolation from an originally disclosed combination of features and using it to delimit claimed subject-matter may be allowed only if there is no structural and functional relationship between the features.[Art. 123(2); ]

When evaluating whether the limitation of a claim by a feature extracted from a combination of features fulfils the requirements of Art. 123(2), the content of the application as filed must not be considered to be a reser

GL H V 3.2 Inclusion of additional features

A claim may be limited by the inclusion of additional features, provided the resulting combination was directly and unambiguously disclosed in the application as originally filed in an explicit or implicit manner (see H‑IV, 2.1) and does not relate to an invention which was not searched (see H‑II, 6, and H‑II, 7.2).

GL H V 3.1 Replacement or removal of features from a claim

The requirements of Art. 123(2) are only met if the replacement or removal of a feature lies within the limits of what a skilled person would derive directly and unambiguously, using common general knowledge and seen objectively and relative to the date of filing (or the date of priority according to Art. 89), from the whole of the application documents (G 3/89, G 11/91 and G

GL H V 3 Amendments in claims

Replacement or removal of features from a claim, as well as the addition of further features, may introduce fresh subject-matter not only in the claim itself, but also in the claims when considered as a whole. In fact, such amendments could result in a combination of features not disclosed in the application as filed when the amended claim is considered together with its dependent claims and/or the claims on which it depends.

3.1 Replacement or removal of features from a claim

GL H V 2.7 Bringing the description into line with amended claims

The description must be brought into line with amended claims by amending it as needed to meet the requirements set out in F-II, 4.2, F-IV, 4.3 (iii) and F-IV, 4.4.

If the applicant does not amend the description as required despite

GL H V 2.6 Alteration, excision or addition of text in the description

Alteration or excision of the text, as well as the addition of further text, may introduce fresh subject-matter. For instance, suppose an invention related to a multi-layer laminated panel, and the description included several examples of different layered arrangements, one of these having an outer layer of polyethylene; amendment of this example either to alter the outer layer to polypropylene or to omit this layer altogether would not normally be allowable.

GL H V 2.5 Reference document

Features from a cross-referenced document can, under particular conditions be introduced by way of amendment into the claims of an application (see H‑IV, 2.2.1).