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Case Law of the Boards of Appeal

 
 
1.1. General issues

A number of principles can be derived from the case law reported below. The content of an application comprises the description, the claims and drawings (G 11/91, OJ 1993, 125). The content of an application as filed encompasses what is directly and unambiguously disclosed therein, be it explicitly or implicitly (T 860/00; T 1041/07), but not the abstract (T 246/86) or priority documents (T 260/85, OJ 1989, 105; G 11/91, point 7 of the Reasons). Another principle established is that "the content of an application must not be considered to be a reservoir from which features pertaining to separate embodiments of the application could be combined in order to artificially create a particular embodiment" (T 296/96, T 1206/01).

For more details on the scope of these principles and how they are applied, see the case law reported below. Among the decisions are some which also deal with amendments resulting from the introduction of equivalents (T 673/89 and T 685/90); the formulation of new value ranges (T 1146/01); the generalisation of a particular element described in a specific example (e.g. T 201/83; T 876/06; T 570/05); the combination of components in a list (T 1374/07); and changes in definitions (T 97/05).

The headings used below are intended to help readers to find those decisions particularly concerned with the topic in question, but this does not mean that these are the only relevant decisions.