1.14.7 Replacement of complete description and drawings

In G 2/95 (OJ 1996, 555) the Enlarged Board observed that a correction affecting the content of the application could only be effected within the limits of Art. 123(2) EPC (as defined in G 3/89, OJ 1993, 117). The complete documents forming a European patent application, that is the description, claims and drawings, could not be replaced by way of a correction under R. 88 EPC by other documents which the applicants had intended to file with their request for grant.

In J 16/13 the board held that the ratio decidendi of G 2/95 (and also of J 5/06) was also applicable to all cases where at least a complete description was sought to be exchanged.

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