T 0324/21 (Intermediate generalisation in a trap-like situation) vom 06.02.2024

Main request - amendments - unallowable intermediate generalisation
Auxiliary requests 1 and 2 - amendment after board's communication - exceptional circumstances (yes) - suitability of amendment to resolve issues raised (no) - admitted (no)

The description of a drawing may be inextricably linked to the specific disclosure of this drawing. If a feature in the description of the drawing is extracted from the very specific context of the drawing in order to be included in a claim, the specific disclosure of the drawing must be taken into account. If there is no literal support for this specific disclosure in the application as filed which could be used for supplementing the feature used for amending the claim, it may not be possible to avoid an unallowable intermediate generalisation. This may in particular occur if a feature from a specific and detailed embodiment is placed in the context of a schematic drawing. This may lead to a trap-like situation. (Reasons, 2.8.4 and 2.9)