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Case Law of the Boards of Appeal

Claim cannot be left to encompass surgical step 

The Enlarged Board in G 1/07 (OJ 2011, 134) confirmed the established case law of the boards of appeal, according to which a claim encompassing an embodiment which was excluded from patentability under Art. 53(c) EPC could not be left unamended. Contrary to what the appellant had argued, it found that this principle had been upheld in G 1/98 (OJ 2000, 111).