Clarity

T0754/13 Clear, concise and supported !

This decision is a good refresher on how the EPO looks at the requirements of clarity under Article 84 EPC. The appeal lies from a decision of the Examining Division.

2. Clarity (Article 84 EPC)

Article 84 EPC requires that "The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description".

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T1474/12 Clear clarity

This is an opposition appeal case, where the Board had to decide on a (in my view) creative way of alleged lack of clarity. The Board did not accept the argument by the opponent:

R4.1 Claim 1 differs from claim 1 as granted in that the expression "sample of bodily fluid" is replaced by the expression "sample of urine, plasma or serum".

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