1.3.9 Claim interpretation when assessing compliance with Article 123(2) EPC
This section has been updated to reflect case law up to 31 December 2025. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 11th edition (PDF). |
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 further details see chapter II.E.1.3.2., which also contains references to decisions referring to "a mind willing to understand" when assessing compliance with Art. 123(2) EPC; on this latter point, see also chapters II.E.1.3.9c) and II.E.1.3.9d).