European Patent Office

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
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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Application title
HYDROPONICS GROWING MEDIUM
Applicant name
Knauf Insulation
Opponent name
ROCKWOOL A/S
Board
EBA
Headnote
-
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.

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.