Q&A Forums

Forum Navigation
You need to log in to create posts and topics.

How to take up a feature from the description into the claims? Intermediate generalisation.

I want to take up a feature from the description into my patent claim,

The Examiner is in principle ok with this, but he also requires me to take further elements from the embodiment that comes together with this element.

I do not think that these other elements should be in the claim as they are limiting the claim too much.

What do I tell the Examiner?

It depends very much on whether the respective element is functionally linked with the other elements. A recently published decision of the EPO Board of Appeal 3.2.04 provides an example for analyzing ... [read more]