T 0450/20 vom 09.03.2023

Novelty - main request (no)
Novelty - auxiliary requests (no)
Claim interpretation in the light of the description (yes)
Referral to the Enlarged Board of Appeal - (no)
Amendment after summons - exceptional circumstances (no)
Minutes of oral proceedings - request to record statement in the minutes (refused)

Under Article 69(1) EPC the description and the drawings can only be used for interpreting features which are already present in the claims, but not for adding further - positive or negative - claim features or for replacing existing claim features by others (Reasons 2.15). The application as filed usually cannot provide guidance for interpreting the claims of the patent as granted (Reasons 2.16). A board of appeal is not limited to the claim interpretations advanced by the parties but may also adopt a claim interpretation of its own (Reasons 3.4.2). Relying on documentary evidence is not a precondition for the adoption of a certain claim interpretation by a board of appeal (Reasons 3.4.3).