1.14.8 Deletion from the description of expressions making features optional

In T 2466/13 the appellant (opponent) had raised an objection under Art. 123(2) EPC, contending that the way the patent description had been adapted, in particular the deletion of expressions showing that features included in the main claim were optional, was liable to give the proprietor an undue advantage in any infringement action, especially one alleging infringement by equivalent means. The board disagreed, observing that, since the original application had been published, the defendant in any such action would still be able to cite the amendments made during the EPO proceedings by producing it alongside the patent as granted and/or amended.

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