1.10.4 Multiple arbitrary selection

In T 1919/11 the board considered that the subject-matter of amended claim 1 of the main request (method for producing taxanes) resulted from a multiple arbitrary selection of three features (selection of one particular species and of a specific range of silver concentration and a restriction of "auxin-related growth regulator" to "auxin" for the enhancement agent). The board concluded that the skilled person was not in a position to derive in a direct and unambiguous way, from the parent application as originally filed, that these features were present in the particular combination now claimed. The selections were arbitrary and their present combination represented added subject-matter.

On unallowable multiple selection, see also above in this chapter II.E.1.6. "Combination of features pertaining to separate embodiments or lists".