T 0539/23 - Adding an explicit definition of an intrinsic and well-known characteristic

Key points

• The claim was amended during the grant procedure and has no verbatim basis in the application as filed. The Board accepts an implicit disclosure, as follows. 
• "In view of the board's conclusion in point 1.6.2 above, adding an explicit definition of an intrinsic and well-known characteristic of UHF channels transmitted over the air by different terrestrial broadcasting stations to feature 1.1.1 of claim 1 (and to feature 15.2.1 of claim 15) [i.e., the amendment] cannot be considered to present new technical information to the person skilled in the art and hence does not introduce subject-matter which extends beyond the disclosure of the application as filed."
• Note, "well-known" in this context relates to the filing date: for Article 123(2), the common general knowledge (in the relevant technical field) at the filing date is decisive.
• Note, only "intrinsic" is likely not enough. The Board considers both requirements to be fulfilled. 

EPO 

The link to the decision can be found after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t230539eu1