T 0150/82 (Claim Categories) of 07.02.1984

I. Claims relying on references to the description in the specification in respect of all their technical features (known in the patent practice of the United Kingdom as "omnibus" claims) are unallowable as contrary to Rules 29(4) and 29(6) EPC, unless absolutely necessary, e.g. when a plurality of conditions would not lend themselves to verbal expression without such a reference. The onus is on the applicant to show such exceptionality.

II. Claims for products defined in terms of processes for their preparation (known as "product-by-process" claims) are admissible only if the products themselves fulfil the requirements for patentability and there is no other information available in the application which could enable the applicant to define the product satisfactorily by reference to its composition, structure or some other testable parameter.