1.11.9 Characteristic described for intermediate product added to the claimed end product

In T 314/07 the question arose whether the amendment of the claim directed to the absorbent material was directly and unambiguously derivable from a passage of the application as filed not describing the final absorbent material as such but the preparation of the intermediate film used therefore. The particular characteristics of the intermediate film described in the application as filed could be automatically transferred to the final absorbent material only if these characteristics would remain unchanged throughout the process of preparing the absorbent material (see also T 320/10). The board concluded that Art. 123(2) EPC was infringed.

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