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Guidelines for Examination


3.3 Deletion of part of the claimed subject-matter

It is permissible to delete parts of the claimed subject-matter if the corresponding embodiments were originally described, e.g. as alternatives in the claim or as embodiments explicitly set out in the description.



Original application:

"A polymer blend XY ... containing, as a filler, graphite, talc, asbestos or silica"

Prior art:

"A polymer blend XY ... containing asbestos".

Limited claim:

"A polymer blend XY ... containing, as a filler, graphite, talc or silica".

However, deletions made from more than one list are normally not allowable (T 12/81).

In some cases it may be possible to limit the claim by a positive indication of what then remains, rather than by stating what is being deleted (as a disclaimer would do).

"... a polyether of molecular weight from 600 to 10 000" restricted to "... above 1 500 to 10 000" (T 433/86).