T 0066/85 (Connector) of 09.12.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T006685.19871209
- Date of decision
- 9 December 1987
- Case number
- T 0066/85
- Petition for review of
- -
- Application number
- 80301128.7
- IPC class
- H01R 23/66
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- AMP
- Opponent name
- -
- Board
- 3.5.01
- Headnote
1. If a technical feature is deleted from a claim in the course of prosecution of a European patent application in order not to exclude from protection certain embodiments of the invention, the broadening of the claim does not contravene Article 123(2) EPC as long as there is a basis for a claim lacking this feature in the application as originally filed. It is immaterial whether or not the feature in question is relevant to the inventive concept of the claimed subject-matter.
2. When certain embodiments of an invention, which would be included in the scope of a claim by broadening its terms (e.g. by deleting a technical feature from the claim), are disclosed solely in the drawings as originally filed such broadening does not contravene Article 123(2) EPC if the person skilled in the art can clearly and unambiguously recognise these embodiments from the drawings.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973
- Keywords
- Broadening of claim (allowed) - basis solely in drawings
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that
1. The decision of the Examining Division dated 18 October 1984 is set aside.
2. The case is remitted to the Examining Division with the order to continue the examination on the basis that Claim 1 filed on 25 January 1984 does not contravene Article 123(2) EPC.