EPO: T236/12, European Patent Office (EPO), Board of Appeal, 05291183.1, 14 November 2014

During examination poor quality drawings had been replaced by drawings that made more details visible. The opponent argued that replacement of these drawings by the original drawings, to overcome Article 123(2) objections, extended the scope of protection (Article 123(3)). The board concluded that the skilled person remained clearly able to determine what was protected, because the technical features of the claims had been discussed extensively and with sufficient detail in relation tothe drawings as filed with the application.

A full summary of this case has been published on Kluwer IP Law.