EPO T 2043/23
- Philip Morris Products S.A.
- Imperial Tobacco Limited
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Decisions and documents (1)
- 2026-05-12appeal decision
[T]he Board notes that the present case differs from situations such as that in decision T 439/22 (reasons, points 2.4, 3.4 and 6), in which the description and drawings were relied upon to broaden the scope of a claim beyond what was conveyed by the claim wording read in isolation.; Here, by contrast, the description served an explanatory and confirmatory function by assisting the skilled reader in recognising an embodiment already encompassed by the claim wording, without altering the scope of the claim.; This modest explanatory and confirmatory use of the description is consistent with the principles set out in G 1/24 (see T 2027/23 - Turnable ladder/IVECO, reasons, point 3.5.2).; (See points 2.9 and 2.10 of the reasons)
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