2.4.4 Deletion of disclaimer referring to trade names

In T 532/08 the board held that, in the case at issue, the disclaimer could only be omitted without extending the scope of protection if it was beyond doubt that the components (of the disclaimed suspension) identified by trade names did not comprise any of the claimed tensides. However, it could not be unequivocally established what was excluded by a disclaimer referring to trade names, as a product designated by a trade name may change over time while keeping its name.

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