T 0615/95 (Acridinium esters/CIBA CORNING) du 16.12.1997

Amendment of a generic chemical formula
Admissible limitation

1. If there are three independent lists of sizeable length specifying distinct meanings for three residues in a generic chemical formula in a claim, then the deletion in each list of one originally disclosed meaning is allowable under Article 123(2) EPC if it does not result in singling out any hitherto not specifically mentioned individual compound or group of compounds, but maintains the remaining subject-matter as a generic group of compounds differing from the original group only by its smaller size. Such shrinking of the generic group of chemical compounds is not objectionable if these deletions do not lead to a particular combination of specific meanings of the respective residues which was not disclosed originally or, in other words, do not generate another invention (see no. 6 of the Reasons for the Decision).
2. An Examining Division's decision should not be supplemented normally by annexes dealing with issues having no relation to the issues dealt with in the reasons for this decision (see no. 14 of the Reasons for the Decision).