1.2.2 Abstracts, titles, priority documents, parallel applications

In T 246/86 (OJ 1989, 199) the board decided that as the abstract was intended solely for documentation purposes and did not form part of the disclosure of the invention, it could not be used to interpret the content of the application for the purposes of Art. 123(2) EPC 1973 (confirmed in T 735/03, T 606/06, see also G 3/89, OJ 1993, 117, G 11/91, OJ 1993, 125). The same applies to the title on the cover sheet (T 1437/07).

For the purpose of Art. 123(2) EPC, "the content of the application as filed" also does not include any priority documents, even if they are filed on the same day as the European patent application (see T 260/85, OJ 1989, 105; G 3/89, OJ 1993, 117; G 11/91, OJ 1993, 125; and e.g. T 1937/17, T 1295/19); the same is true for parallel applications (see, e.g. J 16/13, T 1197/13, concerning a German utility model application claiming the same priority). Concerning priority documents, see however R. 56(3) EPC and chapter IV.A.5.4. below.