3. Relationship between Article 123(2) and Article 123(3) EPC

This chapter concerns the "inescapable trap" of Art. 123(2) EPC in combination with Art. 123(3) EPC when the applicant inadmissibly adds a limiting feature to the claim. A similar trap may exist in the situation in which there is no violation of Art. 123(2) EPC but a lack of novelty due to loss of priority, see T 1983/14 summarised in chapter II.E.2.4.1 above. For the situation in which an unclear feature (Art. 84 EPC) is deleted from the claim and the argument that this also might lead to an "inescapable trap", see T 81/13 summarised in chapter II.E.1.4.7 above.

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