T 0153/85 (Alternative claims) du 11.12.1986

1. If an appellant desires that the allowability of alternative sets of claims should be considered in an appeal, such alternative claims should normally be filed with the statement of grounds of appeal or as soon as possible thereafter.

2. When deciding an appeal during oral proceedings, a Board of Appeal may refuse to consider alternative claims which have been filed at a late stage, e.g. during the oral proceedings, if such claims are not clearly allowable.

3. When assessing novelty, the disclosure of a prior document must be considered in isolation. It is only the actual content of a document (as understood by a skilled man) which destroys novelty.

4. A prior document may on its proper construction (i.e. when its meaning to the skilled man ist determined) incorporate part or all of a second prior document into its disclosure, by specific reference to the second document.