d) Combination of an end point of a range with a value from a list of individually disclosed values

In T 1320/13 claim 1 defined a specific ratio in the range of "between 0.6 and 1". The appellant argued that the range had a basis in the disclosure of the range "0.1 and about 1" in claim 5 in conjunction with the value "0.6" disclosed in a list of individual values, which read: "about 1.0, 0.9, 0.8, 0.7, 0.6, 0.5, 0.4, 0.3, 0.2, 0.1 or even 0, derivable therein". The board held that T 2/81 did not apply in the case at issue. The skilled person would not regard the list of individually disclosed values of ratios on page 5 of the application as individual end points of ranges. Firstly, a list of individual values – even if disclosed as here in descending order – did not relate to values that lie between them, while a range necessarily encompasses all the values that lie between its two disclosed end points, i.e. a list of individual values is conceptually different from a range. Secondly, the list contained no pointers to a particular combination of ratio values. Accordingly, a specific selection of values also did not clearly and unambiguously emerge for the skilled person from the content of the application.