1.3.9 Claim interpretation when assessing compliance with Article 123(2) EPC
In T 99/13 the board recalled that, in line with the case law (see T 667/08, T 1269/06), the assessment of the requirements of Art. 123(2) EPC should be done on the same basis as for all other patentability issues (e.g. novelty and inventive step), namely from the standpoint of the skilled person on a technical and reasonable basis avoiding artificial and semantic constructions. For details see above chapter II.E.1.3.2., which also contains references to decisions confirming or rejecting the application of the jurisprudence referring to "a mind willing to understand" when assessing compliance with Art. 123(2) EPC; on this latter point, see also below in points c) and d) the summaries of decisions T 1946/10, T 2002/13, T 1127/16, T 516/18. Generally on claim interpretation, see also chapter II.A.6.1.