T 0081/03 (Semiconductor memory device/RAMBUS) vom 12.02.2004

Amendments - extension of scope of protection (no)
Late filed requests - admissibility (auxiliary requests 3 to 5: no)
Decision re appeals - remittal (no)
Inventive step - (main request and auxiliary request 1: no

1. Amendments to a European patent may be based on the whole reservoir of features originally disclosed in the corresponding application provided that Article 123(3) EPC is not infringed by such amendments, due account being taken of the stipulations of Article 69(1) EPC (point 3.9 of the reasons).
2. The general, abstract concern that the addition of a feature to a claim after grant leads to an extended scope of protection as the resulting combination of features might give rise to a different evaluation of equivalents in infringement proceedings is not in itself a sufficient reason for not allowing the addition of limiting features under Article 123(3) EPC (point 3.7 of the reasons).
3. Requests raising new issues which would require a further written phase in order to be properly dealt with are to be regarded as belated even if filed at a point in time just before the minimum period set by the Board in a summons to oral proceedings (point 2.4 of the reasons).