Zusammenfassung von EPC2000 Art 069 für die Entscheidung T1208/21 vom 09.04.2024

In T 1208/21 the board rejected the respondent's (patent proprietor's) approach of a limited interpretation of the expression "gas turbine blade" in claim 1 in the light of the description. The board held that according to the commonly accepted approach on claim interpretation by the boards of appeal, when assessing inter alia the patentability requirements of Art. 54 and 56 EPC a claim which is clear by itself should be interpreted as broadly as technically reasonable in the relevant technical field (see T 1628/21, T 447/22). As to the extent to which the description and the figures of the patent have to be taken into account for interpreting the wording of a claim, the board agreed with the principles set out in decisions T 1628/21 and T 1473/19. Moreover, the board noted that the description of the patent in suit did not lead to a different conclusion either. The description of the patent as granted stated: "Generally, the gas turbine blade according to the present invention is not restricted to a gas turbine: rotor blades or guide vanes of a turbo-machinery fall legally under the present invention". Correspondingly, granted claim 13 was directed to a blade suitable for use as a rotor blade or guide vane for turbo-machinery. This confirmed that the patent itself considered the term "blade" in claim 1 to cover rotating and stationary blades (vanes) as well as their use in turbo-machinery in general, thus not limited to the turbine section of a gas turbine. Although the description and the claims had been amended in auxiliary request 3 by deleting these statements of the granted patent, such an amendment of the description did not constitute a limitation of the claimed subject-matter. The board stated that, in analogy to the situation underlying decision T 454/89, in which it was held that a lack of clarity in a claim could not be cured by relying on Art. 69 EPC as a replacement for the Art. 84 requirements, i.e. as a substitute for an amendment which would be necessary to remedy a lack of clarity, also in the context of the requirements of Art. 54 and 56 EPC, a technically reasonable and not illogical understanding of the claim wording could not be restricted by reference or an amendment to the description. In such a situation, it would, rather, be the claim wording that would require amendment (see T 1628/21).