4.6 Relative terms 

4.6.1Clarity objections

Relative or similar terms such as "thin", "wide" or "strong" constitute a potentially unclear element due to the fact that their meaning may change depending on the context. For these terms to be allowed, their meaning must be clear in the context of the whole disclosure of the application or patent.

However, if a relative or similar term is used by the applicant as the only feature to distinguish the subject-matter of a claim from the prior art, the The use of a relative or similarthis term in a claim is objected to under Art. 84 unless it has a well-recognised meaning in the particular art, e.g. "thin-film transistor" or "near-field communication", or its meaning is clear to the skilled person in the context of the whole disclosure of the application or patent"high-frequency" in relation to an amplifier, and this is the meaning intended.

Where the relative term has no well-recognised meaning and its meaning is not clear in the context of the whole disclosure, the division invites the applicant to replace it, if possible, by a more precise wording found elsewhere in the disclosure as originally filed. Where there is no basis in the disclosure for a clear definition and the term is no longer the only distinguishing feature, it may be retained in the claim because excising it would generally lead to an extension of the subject-matter beyond the content of the application as filed – in contravention of Art. 123(2).

4.6.2Interpretation of relative terms

When the use of a relative term is allowed in a claim, this term is interpreted by the division in the least restrictive possible way (referring to the description and drawings; see F‑IV, 4.2) when determining the scopeextension of the subject-matter of the claim. As a consequence, in many cases, a relative term does not limit the extension of the subject-matter of a claim.

For example, the expression "a thin metal plate" does not limit the feature "metal plate" against the prior art: a metal plate is "thin" only when compared to another one; "thin" does not define an objective and measurable thickness. So, a metal plate three millimetres thick is thin when compared to a plate five millimetres thick, but thick when compared to a plate one millimetre thick.

As another example: when considering "an element mounted near the end of a truck", is this element mounted 1 mm from the end of the truck, 10 cm or 2 m? The only limitation of such an expression is that the element must be nearer to the end of the truck than to its middle, i.e. the element can be mounted anywhere in the quarter of the truck next to the end.

Also, unless otherwise clear from the context, the term "elastic" does not limit the type of material because elasticity is an intrinsic property of any solid material measured by Young's modulus. In other words, taken outside any context an elastic material can be anything from rubber to diamond.