In G 1/03 and G 2/03 (OJ 2004, 413 and 448), the Enlarged Board of Appeal dealt with the allowability of "undisclosed disclaimers", i.e. "negative features" which have no basis in the application as filed. The Enlarged Board held that a disclaimer which was or became relevant for the assessment of inventive step or sufficiency of disclosure added subject-matter contrary to Art. 123(2) EPC 1973 (T 1028/02).

For further information on disclaimers, see in particular Chapters II.A.4. "Claims" und II.E.1.4 Amendments".

Quick Navigation