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Case Law of the Boards of Appeal

 
 
4. Disclaimers

In its decisions G 1/03 and G 2/03 (OJ 2004, 413 and 448) the Enlarged Board of Appeal used the term "disclaimer" as meaning an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding specific embodiments or areas from a general feature.

Disclaimers play an important role in the drafting of claims and amendments. The principles concerning the allowability of disclaimers are set out in chapter II.E.1.4 of this book.