T 0324/21 (Intermediate generalisation in a trap-like situation) of 06.02.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T032421.20240206
- Date of decision
- 6 February 2024
- Case number
- T 0324/21
- Petition for review of
- -
- Application number
- 16905695.9
- IPC class
- H05K 1/02
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 123(2)
- Application title
- PRINTED WIRING BOARD, AIR CONDITIONER AND A METHOD FOR MANUFACTURING PRINTED WIRING BOARD
- Applicant name
- MITSUBISHI ELECTRIC CORPORATION
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal 2020 Art 013(1)Rules of procedure of the Boards of Appeal 2020 Art 013(2)
- Keywords
- 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) - Catchword
- 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)
- Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.