G 0001/25 (Conditions under which a claim amendment requires the description to be adapted.) of 03.09.2026

European Case Law Identifier: ECLI:EP:BA:2026:G000125.20260903
Date of decision: 3 September 2026
Case number: G 0001/25
Online on: 3 September 2026
Petition for review of: -
Application number: 07704142.4
IPC class: A01G 24/00 A01G 24/18
Language of proceedings: English
Distribution: Published in the EPO's Official Journal (A)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: HYDROPONICS GROWING MEDIUM
Applicant name: Knauf Insulation
Opponent name: ROCKWOOL A/S
Board: EBA
Headnote: -
Relevant legal provisions: European Patent Convention Art 52 European Patent Convention Art 53 European Patent Convention Art 54 European Patent Convention Art 56 European Patent Convention Art 57 European Patent Convention Art 69 European Patent Convention Art 76(1)European Patent Convention Art 83 European Patent Convention Art 84 European Patent Convention Art 100 European Patent Convention Art 123 European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention R 42(1)(c)European Patent Convention R 43 Prot Interpretation Article 69
Keywords: "referred questions to be admissible" (yes)
"two lines of diverging case law" (yes)
"adaptation of the description"
"inconsistency between the claims and the description, and any drawings"
"claim interpretation"
"the description and drawings shall always be consulted to interpret the claims"
"formal concordance"
"legal basis for any necessary adaptation"
Catchword: If the claims of a European patent, or patent application, are amended during proceedings before the departments of the EPO, or in appeal proceedings, and the amendment introduces an inconsistency between the amended claims and the description, including any drawings, of the patent, or application, and because of that inconsistency Articles 52 to 57, 76(1), 83, 84, 123(2) or 123(3) EPC are not complied with, it is necessary to adapt the description, including any drawings, to the amended claims so as to remove that inconsistency.
Cited cases: G 0001/24 T 0454/89 T 1989/18 T 2194/19 T 1444/20 T 0056/21 T 0439/22 T 0697/22
Citing cases: T 0287/24 T 0657/24 T 1297/24 T 1449/24 T 0977/25

Order

If the claims of a European patent, or patent application, are amended during proceedings before the departments of the EPO, or in appeal proceedings, and the amendment introduces an inconsistency between the amended claims and the description, including any drawings, of the patent, or application, and because of that inconsistency Articles 52 to 57, 76(1), 83, 84, 123(2) or 123(3) EPC are not complied with, it is necessary to adapt the description, including any drawings, to the amended claims so as to remove that inconsistency.