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This, however, ended up being manifestly far from the truth here

This, however, ended up being manifestly far from the truth here

In case at concern the aim of the innovation a€“ particularly enhancing the selectivity to escort in Austin TCS a€“ had been just attained by the addition of selected quantities of chromium to silicon thereby this particular aspect wasn’t “directly connected with another features with the working example and pertains immediately and unambiguously with the a lot more general framework” as needed in T . Current decision was also consistent with T . It adopted the choosing with the appreciate 550 ppm through the functioning instance 3 had been consequently plainly appropriate in the event at concern, aided by the result that requirement of ways. 123(2) EPC happened to be achieved.

1.3 Specialized contribution a€“ choice or removal of an attribute

In T the board emphasised that the standard wherein an amendment ought to be straight and unambiguously derivable, making use of typical general knowledge, and viewed rationally and in accordance with the big date of submitting, through the entire of this program as recorded, continues to be a pre-requisite for judging any amendment with respect to the requirement of Art. 123(2) EPC. Therefore, the “relevance”, as a result, for the technical info is not worth addressing for deciding upon the issue of Art. 123(2) EPC. In case at problem it might also not accepted of the panel that when an experienced people applied his typical general knowledge, however subsequently get to the mixture of attributes in state 11 of auxiliary demand 2.

Little have been recorded by appellant (proprietor) to aid this argument, nor had been such facts derivable from the application as recorded.