- The proprietor submitted that the final paragraph of the application provided support for the combination of features as claimed. The paragraph included"other variations and modifications of the exemplary embodiments described above may be made". The Board does not accept this.
- The general statements at the end of the description are furthermore open ended and attempt to burden the skilled reader with having to work out which combinations of features from the detailed embodiments might be claimed together, while the applicant is supposedly dispensed from having to present his invention in terms more general than mere detailed description of particular embodiments."
EPO T 1538/12 - link
1.1 [] The combination of features "a front wall (161)" and the above projecting features of claim 1 as granted (main request) thus constitutes an intermediate generalisation []
General statements at the end of the description (e.g. paragraph [0128], application as published: "other variations and modifications of the exemplary embodiments described above may be made" or "other embodiments will be apparent to those skilled in the art") do not constitute, and thus cannot replace, a direct and unambiguous disclosure of the particular generalisation included in claim 1 as granted. The general statements at the end of the description are furthermore open ended and attempt to burden the skilled reader with having to work out which combinations of features from the detailed embodiments might be claimed together, while the applicant is supposedly dispensed from having to present his invention in terms more general than mere detailed description of particular embodiments.
1.2 In consequence, the subject-matter of claim 1 as granted (main request) comprises added subject-matter contrary to Article 100(c) EPC 1973.
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