T 0416/86 (Reflection photometer) of 29.10.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T041686.19871029
- Date of decision
- 29 October 1987
- Case number
- T 0416/86
- Petition for review of
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- Application number
- 82108380.5
- IPC class
- G01J 1/04
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Boehringer
- Opponent name
- -
- Board
- 3.4.01
- Headnote
Replacing a disclosed specific feature by a broad general expression (in this case, replacing the specific structural features of an aperture by its function) constitutes an amendment inadmissible under Article 123(2) EPC where use of such a general expression for the first time implicitly associates with the subject-matter of the application specific features going beyond the initial disclosure.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973
- Keywords
- Amendment of European patent application
Inadmissible amendment to claims in replacing structural features by their disclosed function - Catchword
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- Cited cases
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Order
For these reasons it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the department of first instance with the order that a European patent be granted on the basis of the following documents: ...