2.4.8 Reducing scope of claim by adding embodiments to a negative feature

In T 363/11 the board considered that the feature concerned was a negative feature, in the sense that it defined embodiments which were excluded from the claim. Since after the amendment more embodiments were excluded from claim 1 of the request than from claim 1 as granted, its scope was reduced vis-à-vis granted claim 1 and the requirements of Art. 123(3) EPC were satisfied.

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