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Case Law of the Boards of Appeal

1.3.1 Findings of G 1/05 and G 1/06 also applicable to granted patents

The findings of the Enlarged Board of Appeal in G 1/05 (OJ 2008, 271) and G 1/06 (OJ 2008, 307), although made in regard to patent applications, are also valid for granted patents. This can be derived from the fact that the Enlarged Board of Appeal relied on a direct correspondence between Art. 76(1) and 123(2) EPC, both Articles enshrining the same principles, and that Art. 123(2) EPC applied to both patent applications and patents (T 265/05). Thus, in order to meet the requirements of Art. 100(c) EPC 1973, it was a necessary and sufficient condition that anything disclosed in the granted patent had to be directly and unambiguously derivable not only from the application on which the patent had been granted, but also from what was disclosed in each of the preceding applications as filed (T 687/05, T 549/09, T 2175/09).