GL F IV 4.19 Negative limitations (e.g. disclaimers)

A claim's subject-matter is normally defined in terms of positive features indicating that certain technical elements are present. Exceptionally, however, the subject-matter may be restricted using a negative limitation expressly stating that particular features are absent.

GL F IV 4.18 Reference signs

If the application contains drawings, and the comprehension of the claims is improved by establishing the connection between the features mentioned in the claims and the corresponding reference signs in the drawings, then appropriate reference signs need to be placed in parentheses after the features mentioned in the claims. If there are a large number of different embodiments, only the reference signs of the most important embodiments need be incorporated in the independent claim(s).

GL F IV 4.17 References to the description or drawings

As indicated in Rule 43(6), the claims must not, in respect of the technical features of the invention, rely on references to the description or drawings "except where absolutely necessary". In particular they must not normally rely on such references as "as described in part ... of the description", or "as illustrated in Figure 2 of the drawings".[Rule 43(6); ]

The emphatic wording of the excepting clause is to be noted.

GL F IV 4.16 Use claims

For the purposes of examination, a "use" claim in a form such as "the use of substance X as an insecticide" is regarded as equivalent to a "process" claim of the form "a process of killing insects using substance X". Thus, a claim in the form indicated is not to be interpreted as directed to the substance X recognisable (e.g. by further additives) as intended for use as an insecticide.

GL F IV 4.15 The expression "in"

To avoid ambiguity, particular care is exercised when assessing claims which employ the word "in" to define a relationship between different physical entities (product, apparatus), or between entities and activities (process, use), or between different activities.

GL F IV 4.14.2 Dimensions and/or shape defined by reference to another entity

It may be allowable to define the dimensions and/or shape of a first entity in an independent claim by general reference to the dimensions and/or corresponding shape of a second entity which is not part of the claimed first entity but is related to it through use.

GL F IV 4.14.1 Clarity objections

Once it has been established if a claim is directed to either one entity or to a combination of entities, the wording of the claim must be adapted appropriately to reflect it; otherwise the claim is objected to under Art. 84.

For example, in the case of a claim directed to a single entity, the first entity is "connectable" to the second entity; in the case of a claim directed to a combination of entities the first entity is "connected" to the second entity.

GL F IV 4.14 Definition by reference to (use with) another entity

A claim in respect of a physical entity (product, apparatus) may seek to define the invention by reference to features relating to another entity that is not part of the claimed first entity but that is related to it through use.

GL F IV 4.13.3 Interpretation of expressions such as "Method for ..."

In the context of a method, two different types of stated purpose are possible, namely those that define the application or use of a method, and those that define an effect arising from the steps of the method and are implicit therein (see T 1931/14).

Where the stated purpose defines the specific application of the method, this purpose requires additional steps which are not implied by or inherent in the other remaining steps defined in the claim, and without which the claimed process would not achieve the s

GL F IV 4.13.2 Interpretation of means-plus-function features ("means for ... ")

Means-plus-function features ("means for ...") are a type of functional feature and hence do not contravene the requirements of Art. 84.

Any prior art feature suitable for carrying out the function of a means-plus-function feature will anticipate the latter.