1.3. Standard for assessing compliance with Article 123(2) EPC
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  8. 1.3. Standard for assessing compliance with Article 123(2) EPC
  9. 1.3.4 Subject-matter not implicitly disclosed
  10. c) General open-ended statement in description
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1.3.4 Subject-matter not implicitly disclosed

Overview

c) General open-ended statement in description 

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

In T 1538/12 the board held that the general statements at the end of the description (e.g. "other variations and modifications of the exemplary embodiments described above may be made" or "other embodiments will be apparent to those skilled in the art") did not constitute, and thus could not replace, a direct and unambiguous disclosure of the particular generalisation. The general statements at the end of the description were furthermore open ended and attempted to burden the skilled reader with having to work out which combinations of features from the detailed embodiments might be claimed together, while the applicant was supposedly dispensed from having to present his invention in terms more general than mere detailed description of particular embodiments.

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