1.2.5 Secondary considerations

The Enlarged Board stated that a "dynamic interpretation" might come into play where considerations have arisen since the Convention was signed which might give reason to believe that a literal interpretation of the wording of the relevant provision would conflict with the legislator's aims. Secondary considerations serve the purpose of testing the legal soundness of the conclusions reached in interpreting the scope of application of the process exclusion under Art. 53(b) EPC. The Enlarged Board concluded that the concept of a dynamic interpretation did not require revising the result of the interpretation established by applying traditional rules of construction (G 2/12, OJ 2016, A27, also cited in T 1063/18).

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