Chapter IV – Claims (Art. 84 and formal requirements)
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  7. 4. Clarity and interpretation of claims
  8. 4.2 Interpretation
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4. Clarity and interpretation of claims

Overview

4.2 Interpretation 

Each claim must be read giving the words the meaning and scope which they normally have in the relevant art unless, in particular cases, the description gives the words a special meaning by explicit definition or otherwise. Moreover, if such a special meaning applies, the division will, so far as possible, require the claim to be amended whereby the meaning is clear from the wording of the claim alone. This is important because it is only the claims of the European patent, not the description, which will be published in all official EPO languages. The claim must also be read with an attempt to make technical sense out of it. Such a reading may involve a departure from the strict literal meaning of the wording of the claims. Art. 69 and its Protocol do not provide a basis for excluding what is literally covered by the terms of the claims (see T 223/05).

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