Guidelines for Examination
PART C
CHAPTER III CLAIMS
4. Clarity and interpretation of claims
4.4 Essential features
 

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PART C
CHAPTER III CLAIMSCHAPTER III CLAIMS
4. Clarity and interpretation of claims4. Clarity and interpretation of claims
  4.3a General statements, spirit of invention4.3a General statements, spirit of invention     4.5 Relative terms4.5 Relative terms  
 

4.4

Essential features

 

An independent claim should specify explicitly all of the essential features needed to define the invention except insofar as such features are implied by the generic terms used, e.g. a claim to a "bicycle" does not need to mention the presence of wheels.

 

If a claim is to a process for producing the product of the invention, then the process as claimed should be one which, when carried out in a manner which would seem reasonable to a person skilled in the art, necessarily has as its end result that particular product; otherwise there is an internal inconsistency and therefore lack of clarity in the claim.

 

In the case of a product claim, if the product is of a well-known kind and the invention lies in modifying it in certain respects, it is sufficient that the claim clearly identifies the product and specifies what is modified and in what way. Similar considerations apply to claims for an apparatus.

 

Where patentability depends on a technical effect, the claims must be so drafted as to include all the technical features of the invention which are essential for the technical effect (see T 32/82, OJ 8/1984, 354).