Guidelines for Examination:PART C: CHAPTER VI EXAMINATION PROCEDURE, 5. Amendments, 5.3 Additional subject-matter, 5.3.10 Replacement or removal of a feature from a claim

Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
5. Amendments
5.3 Additional subject-matter
5.3.10 Replacement or removal of a feature from a claim

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PART C
CHAPTER VI EXAMINATION PROCEDURE
5. Amendments
5.3 Additional subject-matter

5.3.9 Alteration, excision or addition of text

5.3.11 Disclaimers not disclosed in the application as filed

5.3.10

Replacement or removal of a feature from a claim

The replacement or removal of a feature from a claim does not violate Art. 123(2) if the skilled person would directly and unambiguously recognise that:

(i)	the feature was not explained as essential in the disclosure;

(ii)	the feature is not, as such, indispensable for the function of the invention in the light of the technical problem the invention serves to solve; and

(iii)

the replacement or removal requires no real modification of other features to compensate for the change.

In case of a replacement by another feature, the replacing feature must of course find support in the original application documents, so as not to contravene Art. 123(2) (see T 331/87, OJ 1-2/1991, 22).