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Guidelines for Examination

 
 

4.5.1 Objections arising from missing essential features

The claims, which define the matter for which protection is sought, must be clear, meaning not only that a claim must be comprehensible from a technical point of view, but also that it must define clearly all the essential features of the invention (see T 32/82). Furthermore, the requirement of Art. 84 that the claims be supported by the description applies to features which are explicitly presented in the description as being essential for carrying out the invention (see T 1055/92). A lack of essential features in the independent claim(s) is therefore to be dealt with under the clarity and support requirements.