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Case Law of the Boards of Appeal

 
 
1.2.2 Replacement of an undisclosed feature by a more general feature disclosed in both parent and divisional applications

In T 868/07 the board allowed the replacement of an undisclosed feature by a more general feature disclosed in both parent and divisional applications. The board had objected to a specific feature and the applicant replaced this feature by a more general feature. The board found that the general feature had been disclosed in the same context in the description and in the figures of the parent application as filed; Art. 76(1) EPC had therefore been complied with. Since the more general feature was disclosed in the same context in the divisional application as filed, the board saw also no reason for an objection under Art. 123(2) EPC.