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Guidelines for Examination

 
 

3.5 Disclaimer disclosed in the application as originally filed

In this case, the original application already indicates that the disclaimed embodiment is not part of the invention.

Negative features help to define the claimed invention in the same way as positive ones, and must be examined on the same basis. In other words, they may confer novelty and, like positive features, should be assessed as to their relevance to inventive step. They must also fulfil the requirements of Art. 84 (clarity, conciseness and support), and their inclusion must not infringe Art. 123(2) (T 170/87, T 365/88).

Examples: 
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"... said delivery means does not comprise a capacitor element"; 
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"... with the proviso that blends having a melt index of lower than 0.05 are excluded". 

Negative features, like positive ones, may be structural or functional, and may relate to either a physical entity or an activity.