T 0447/22 vom 28.09.2023

Acceleration of appeal proceedings (yes)
Claim interpretation
Grounds for opposition - subject-matter extends beyond content of earlier application (no)
Grounds for opposition - lack of patentability (yes)
Novelty (auxiliary request 1: no; auxiliary request 2: yes)
Amendments - added subject-matter (auxiliary request 2: no)
Sufficiency of disclosure (auxiliary request 2: yes)
Inventive step (auxiliary request 2: yes)
Late-filed objection - admitted (no)
Claims - support in the description (overcoming objections arising out of amendments made in the course of the opposition proceedings: yes)
Re-opening the debate (no)
Referral to the Enlarged Board of Appeal (no)

1. On the limits of claim interpretation in the light of the description (see point 13 of the reasons).
2. In application of decision G 3/14, an objection under Article 84 EPC that a claim is not supported by the description is open to examination in opposition or opposition appeal proceedings only when, and then only to the extent that, the lack of support has been introduced by an amendment to the patent. It must thus be accepted that the removal of an inconsistency between the description and a claim amended in opposition or opposition appeal proceedings is not possible when the inconsistency previously existed in the patent as granted (see point 83 of the reasons).