EPO Technical Board of Appeal Decides Not to Refer Questions to the Enlarged Board of Appeal Regarding Description Amendments

21 October 2024

Authored and Edited by Jamie E. Barcombe; Craig Slater, Ph.D.; Maeve O'Flynn

In a much-awaited decision, Technical Board of Appeal 3.3.04, in T 56/21, has not referred questions to the Enlarged Board of Appeal on the requirement for applicants to amend the description for consistency with the claims prior to grant.

The decision indicates that the Board does not consider there to be legal basis for requiring the adaptation of the description.

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