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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 31, 2008
Journal of Intellectual Property Law & Practice 2008 3(2):72-74; doi:10.1093/jiplp/jpm266
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Use of a disclaimer in order to overcome the Article 123(2) and Article 123(3) EPC ‘trap’

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

A collecting bag for human body wastes—inter partes Board 3.2.02, T-1180/05, 2 August 2007

This case concerns an attempt to overcome a problem under Article 123(2) EPC by deleting a restrictive feature in the granted claim which extended beyond the application as filed. This deletion, however, lead to a problem under Article 123(3) EPC as it extended the scope of protection of the claims—the proprietor therefore tried to reintroduce the deleted feature as a disclaimer.

Correspondence: Email: drogers{at}epo.org


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