T 0416/87 (Block copolymer) vom 29.06.1989

1. If the description on its proper interpretation specifies a feature to be an overriding requirement of the invention, following Article 69(1) EPC and its Protocol the claims may be interpreted as requiring this as an essential feature, even though the wording of the claims when read in isolation does not specifically require such feature (see Reasons paragraph 5).

2. In a case where a prior document is cited by an opponent for the first time during the appeal stage of an opposition and is considered by the Board to be the closest prior art and therefore admissible but not such as to prejudice maintenance of the patent, the Board may itself examine and decide the matter under Article 111(1) EPC rather than remit the matter to the first instance (see Reasons paragraph 9). In such a case an apportionment of costs may be made against the opponent in respect of the submission of evidence in reply by the patentee, following Decision T 117/86 Costs/(FILMTEC (OJ EPO 1989, 401) (see Reasons paragraph 10).