In case at problems the goal of the development a€“ specifically increasing the selectivity to TCS a€“ had been just achieved by the addition of chosen quantities of chromium to silicon and therefore this feature had not been “closely about additional faculties of the employed instance and pertains right and unambiguously to your more general framework” as required in T . The present decision has also been in accordance with T . They observed your choosing regarding the appreciate 550 ppm from employed sample 3 is therefore plainly acceptable in the case at problem, making use of the result your needs of artwork. 123(2) EPC comprise satisfied.
1.3 Technical contribution a€“ addition or deletion of an attribute
In T the panel emphasised the standards wherein an amendment should be directly and unambiguously derivable, making use of usual general facts, and observed objectively and in accordance with the go out of processing, from total regarding the application as filed, stays a pre-requisite for judging any modification according to the dependence on Art. 123(2) EPC. Therefore, the “relevance”, therefore, in the technical info is maybe not worth focusing on for deciding upon the problem of Art. 123(2) EPC. In the case at issue it could in addition not accepted because of the panel that whenever a talented individual applied their usual basic understanding, he’d after that arrive at the combination of features in state 11 of reliable demand 2. Continue reading “This, but had been manifestly false here”