This decision of the Enlarged Board of Appeal overruled the more restrictive approach in T 323/97
, which had laid down that any amendment to a claim which was not supported by the application as originally filed and which was intended to delimit the claimed subject-matter further vis-à-vis the state of the art was in breach of Art. 123(2) EPC 1973
. In addition, the limits within which disclaimers were admissible was more precisely defined, making some of the earlier jurisprudence obsolete (see T 313/86
, T 623/91
, T 1050/93
). According to these decisions, a disclaimer should also be admissible when a sub-range of the invention's subject-matter defined in terms of ranges was to be excluded not in the light of the prior art but because it did not solve the technical problem.