Guidelines for Examination
PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
5. Subject-matter of the European patent extending beyond the original disclosure
5.2 Distinction between allowable and unallowable amendments
 

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PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITIONCHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
5. Subject-matter of the European patent extending beyond the original disclosure5. Subject-matter of the European patent extending beyond the original disclosure
  5.1 Basis of this ground for opposition5.1 Basis of this ground for opposition       
 

5.2

Distinction between allowable and unallowable amendments

 

The distinction between allowable amendments to the content of a European patent application and amendments which are at variance with Art. 123(2) or Art. 76(1) has already been set forth in C-VI, 5.3 and 9.1.4. These guidelines should be applied mutatis mutandis in the course of opposition proceedings in cases where the subject-matter of the European patent as granted or as amended during the opposition proceedings extends beyond the content of the application as filed.