T 0313/13 - Functional feature thus clear

Key points

• The Board finds the expression "nearly abutting" in the claims to be clear in this examination appeal, because it is considered as a "functional feature".

EPO T 0313/13 - link


3. Article 84 EPC 1973
The appellant has introduced the expression "nearly abutting" several times in the amended independent claims. This expression was objected to for lack of clarity, because it was vague (see point 2.2 of the decision under appeal).


The board notes that the wording of a claim has to be clear in itself (see T 454/89 of 11 March 1991).


In view of the passages of the description referred to by the appellant, in particular [0052] of the application as filed, the board interprets "nearly abutting" as a functional feature.


Paragraph [0052] reads "... a distance of separation for nearly abutting key structures corresponds to a distance that is of the order of a tolerance level for assembling the housing and interconnecting components or layers (excluding the actual keypad)) [sic] to make the keyboard effective. That is to say, as close together as the manufacturing process can achieve whilst reliably providing independent movement of one key structure relative to an adjacent key structure" (emphasis added).
Taking the expression "nearly abutting" to be a functional feature, the board considers the independent claims comprising these words to fulfil the requirements of Article 84 EPC 1973.