1.4.5 Removal of set of features

In T 211/95 the examining division had refused a divisional application on the grounds that a set of features from the original claim of the parent application was entirely missing from the claim of the divisional application. The board was unable to accept this. It held that the requirements under Art. 76(1) EPC 1973 would be met if it was obvious for the skilled person that there were two technically unconnected teachings which could be claimed separately, and if the skilled person clearly saw that the set of features according to the subject-matter claimed in the parent application was not essential to the subject-matter claimed in the divisional application. In the case at hand, the subject-matter of the divisional application was directly and unambiguously disclosed in the parent application. See also T 341/06 and T 694/07.

Quick Navigation