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Journal of Intellectual Property Law & Practice 2008 3(2):72; doi:10.1093/jiplp/jpm242
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

EPO rules on amendment of claims that narrow scope can infringe Article 123(2) EPC

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

Polyionic transition metal catalyst composition—inter partes, Board 3.3.03, T-0097/05, 31 May 2007

During opposition proceedings, the proprietor filed a main request that contained claims that were narrower in scope than the claims as granted. The opposition division revoked the patent and this main request became the main request in the proprietor's appeal. The main request was found by the EPO Board of Appeal to infringe Article 123(2) EPC as the narrower claims changed the meaning of the examples given in the description.

Correspondence: Email: drogers{at}epo.org


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