1.14.1 Amendment to provide support for unsupported claim

T 133/85 (OJ 1988, 441) concerned a case where a feature was described as an essential feature of the invention but was not contained in the claim. The claim was therefore not supported by the description (Art. 84 EPC 1973). An amendment to the description to provide support for the claim was, however, not allowable under Art. 123(2) EPC 1973, because the amended description would contain subject-matter which extended beyond the content of the application as filed – namely information that such feature was not an essential feature of the invention.

On the requirement that the claims must be supported by the description, see the general principles discussed in chapter II.A.5.1.