3.2.3 Deletion of added undisclosed feature, which has no technical meaning, without violating Article 123(3) EPC

In G 1/93 (OJ 1994, 541), point 4 of the Reasons, the Enlarged Board noted with regard to previous decisions of the boards that it did not seem to be disputed that an added undisclosed feature without any technical meaning may be deleted from a claim without violating Art. 123(3) EPC, as held in case T 231/89. For recent decisions, see T 1779/09 and T 2624/22.

In T 2151/14 the board had to deal with the omission from claim 1 as granted of the term "publishing" used in connection with the server to which the claimed method claim related. The board noted that in the application as filed, the term "published" appeared to be used as a synonym for "made available", which, however, was an implicit function of a server. Beyond this, in its broadest interpretation, the term "publishing" in claim 1 as granted had no technical significance. It could therefore be omitted without infringing Art. 123(3) EPC (see G 1/93, OJ 1994, 541, point 4 of the Reasons). See also T 958/15 and T 270/22.

In T 2461/17, the board established that the disputed feature of claim 1 as granted had a clear technical meaning. Consequently, the exception provided for in G 1/93 did not apply.