Okklusionsvorrichtung, Federal Court of Justice (Bundesgerichtshof), 10 May 2011

In case of actual or potential discrepancies between claim language and the patent description which might allow a broader interpretation the Supreme Court confirms that the claim may not be interpreted to cover all options of the broader description if certain elements of the description have not been reflected in the claim language. Furthermore, such disclosure cannot be brought within the scope of the claims by way of equivalence.

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