BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards of appeal
By decision T 451/99 dated 14 March 2003, Technical Board of Appeal 3.3.4 has referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
(Language of the proceedings)
Is the introduction into a claim of a disclaimer not supported by the application as filed admissible, and therefore the claim allowable under Article 123(2) EPC, when the purpose of the disclaimer is to meet a lack-of-novelty objection pursuant to Article 54(3) EPC?
If yes, what are the criteria to be applied in assessing the admissibility of the disclaimer?
The case is pending as G 2/03.