9 November 2016

T 1040/13 - Support

Key points


  • The Board required, under Articel 84 EPC, that the claims were restricted to the only glass-forming and blowing agents mentioned in the description. Hence, in this case for each functional component only one example was given and the claims were restricted to those single compounds.



T 1040/13 - link


2. Main request - Article 84 EPC
An objection of lack of support of the invention claimed in claim 1 of the main request and auxiliary request 1 filed with letter dated 17 April 2013 was raised by the Board, in view of the absence of any teaching in the description as regards any alternative glass-forming and blowing agents, apart from glutamic acid or its salts and ammonium carbonate, as well as regards the ratios, amounts and process conditions required to use such alternative compounds, apart from glutamic acid or its salts and ammonium carbonate, in the claimed process.
Since the subject-matter of claim 1 of the main request 1A has been restricted by the presence of ""glutamic acid or salt thereof" and "ammonium carbonate", this objection has been overcome.
Hence, the claimed subject-matter meets the requirements of Article 84 EPC.

No comments:

Post a Comment

Do not use hyperlinks in comment text or user name. Comments are welcome, even though they are strictly moderated (no politics). Moderation can take some time.