T 1221/19 - Clarity and amendments in the description

 Key points

• In this opposition appeal, “the board considers that the description of the patent may also be examined for compliance with Article 84 EPC only when, and then only to the extent that, the amendment introduces non-compliance with Article 84 EPC. This is in accordance with both decisions, G 9/91 and G 3/14.”

T 1221/19 - 

https://www.epo.org/law-practice/case-law-appeals/recent/t191221eu1.html

20. In the decision G 3/14 (OJ EPO 2015, A102), the Enlarged Board stated that the requirements of Article 84 EPC are part of the requirements of the European Patent Convention within the meaning of Article 94 EPC that have to be fulfilled on grant, and that Article 94 EPC requires that the application and the invention to which it relates, i.e. the whole content, must be examined for compliance with the requirements of the EPC (G 3/14, supra, points 48, 49 and 54 of the Reasons). In this decision, the Enlarged Board of Appeal stated that in considering whether, for the purpose of Article 101(3) EPC, a patent as amended meets the requirements of the EPC, the claims of the patent may be examined for compliance with Article 84 EPC only when, and then only to the extent that, the amendment introduces non-compliance with Article 84 EPC (Order of the decision) (in italics by the board).

21. In line therewith, the board considers that the description of the patent may also be examined for compliance with Article 84 EPC only when, and then only to the extent that, the amendment introduces non-compliance with Article 84 EPC. This is in accordance with both decisions, G 9/91 and G 3/14. Thus, it is for the board to assess whether the amendment introduced on page 6 of the description on 24 September 2014 introduces non-compliance with Article 84 EPC.