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Institute of Professional Representatives before the European Patent Office

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Board finds no legal basis to adapt description to allowed claims (T 1989/18)

January 10, 2022

In its decision T 1989/18 of 16 December 2021 the Board of Appeal may have provided an early Christmas present for epi members.

The Board held that neither Article 84 EPC, nor Article 69 EPC, nor Rule 42(1)(c) EPC, nor Rule 48(1)(c) EPC can serve as a legal basis for refusing an application on the basis that the description describes matter which does not fall within the scope of the claims. Applicants are now able to cite this decision in arguing against unnecessary amendments to the description.

Graham Murnane on behalf of the Editorial Committee

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