Notion of disclaimer 

The term "disclaimer" is used in the decisions G 2/10 (OJ 2012, 376) and G 1/03 (identical to G 2/03) (OJ 2004, 413, 448), as meaning an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas.

According to T 1870/08, a disclaimer is only a proper disclaimer if the remaining legal subject-matter is less than that of the unamended claim. If any subject-matter can be identified which falls within the scope of the claim after amendment by the proposed disclaimer, but which did not do so before the amendment, the disclaimer is improper. For example, a negative formulation removing a restricting feature may look like a disclaimer, but may in fact extend the legal scope of protection.

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