T 0802/10 - Correction of errors in claims

Key points

• In this opposition, the claims as granted included the feature of " at least 900  mPa" , whereas at least 900 MPa was intended. The difference is only one billion (10^9). Yet, the error can not be corrected under G 1/10. 

EPO T 0802/10 - link




Reasons for the Decision

[] 4. Interpretation of the feature "a tensile modulus of at least 900 mPa"

In the patent in suit, including all claim requests on file, mPa ("millipascal") is indicated as the unit of the tensile modulus. However, for a skilled reader it is obvious that this information is erroneous and that the correct unit of the tensile modulus has to be MPa ("megapascal"), which can also be inferred from the reference to the ISO 527-2 standard in the patent specification.

However, the demand of appellant IV that this obvious error be corrected under Rule 140 EPC cannot be followed, since Rule 140 EPC is not available for correcting the text of a patent (cf. G 1/10, OJ EPO 2013, 194).