J 0015/88 (Claims fees) of 20.07.1989

1. An applicant normally has the right to derive subject-matter from any part of the description, claims or drawings as originally filed. Any limitations of this right must be construed narrowly if they are to be regarded as legally valid. It follows that Rule 31(2) EPC (abandonment of claims) must be applied carefully and within reasonable limits.

2. If an application as filed contains what can clearly be seen to be claims within the meaning of Article 84 EPC - a fortiori if they are included in a section identified as containing claims and cross-refer to one another as claims - then it is reasonable to assume for the purpose of examination prior to search that those are the claims which the applicant wants and that matter which is contained elsewhere is not intended to be his claims, whatever may be its form or substance.

3. Such an assumption will only not be reasonable if the other matter has the form and substance of claims and by his language the applicant shows an intention that the other matter should also be treated as claims.