T 0514/88 (Infusor) du 10.10.1989

1. The content of an application in respect of Articles 76(1) and 123(2) EPC means the total information content of the disclosure (cf. Point 2.2 of the Reasons).

2. The two tests in relation to the question of broadening of claim before grant by abandoning a feature, i.e. the test for essentiality (or inessentiality) on the one hand and the novelty test on the other, are not contradictory but represent the same principle. In both cases the relevant question is whether or not the amendment is consistent with the original disclosure (cf. T 260/85, T 331/87, T 201/83 and T 194/84) (cf. Points 2.3 and 2.4 of the Reasons). This means direct and unambiguous derivability from and no contradiction to the totality of the original disclosure (cf. Point 2.7 of the Reasons).