Quick Navigation

 

Case Law of the Boards of Appeal

 
 
1.1.6 Multiple limitations generating subject-matter not derivable from original application

In T 701/97 the board held that where, as in the case in suit, an independent claim present in the parent application as originally filed had been amended by the addition of features restricting the scope of the claim and taken from a number of parts of the original application which were not clearly related, it was not sufficient that all the individual added features were disclosed in the original application. Rather, the combination of features in question had to be clearly and unambiguously derivable from the document by a skilled person using common general knowledge. Multiple limitations generating specific subject-matter not derivable from the original application could not be allowed.