Guidelines for Examination
PART C
CHAPTER III CLAIMS
6. Support in description
6.4 Lack of support vs. insufficient disclosure
 

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PART C
CHAPTER III CLAIMSCHAPTER III CLAIMS
6. Support in description6. Support in description
  6.3 Objection of lack of support6.3 Objection of lack of support     6.5 Definition in terms of function6.5 Definition in terms of function  
 

6.4

Lack of support vs. insufficient disclosure

 

It should be noted that, although an objection of lack of support is an objection under Art. 84, it can often, as in the above examples, also be considered as an objection of insufficient disclosure of the invention under Art. 83 (see II, 4.9 -  II, 4.11), the objection being that the disclosure is insufficient to enable the skilled person to carry out the "invention" over the whole of the broad field claimed (although sufficient in respect of a narrow "invention"). Both requirements are designed to reflect the principle that the terms of a claim should be commensurate with, or be justified by, the invention. Whether the objection is raised as lack of support or as insufficiency is unimportant in examination proceedings; but it is important in opposition proceedings since there only the latter ground is available (see D-III, 5).

 

Art. 83

Art. 84