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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 30, 2007
Journal of Intellectual Property Law & Practice 2007 2(6):355-356; doi:10.1093/jiplp/jpm060
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Adding subject matter by deleting from claim

David Rogers
Legal Member, Boards of Appeal
European Patent Office
Munich, Germany

Method and apparatus for currency discrimination and counting, 3.5.01, European Patent Office, Boards of Appeal, Case T-0404/06 (inter partes), 6 July 2006

This case concerns a situation where a deletion of text from a claim amounted to an extension of the patent beyond the content of the application as originally filed. The Board drew a distinction between deleting text and adding text when applying Art 123(2) EPC.

Correspondence: drogers{at}epo.org


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