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H-V, 6.

Amendments derived from drawings - Guidelines for Examination

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General Part Part A Guidelines for Formalities Examination Part B Guidelines for Search Part C Guidelines for Procedural Aspects of Substantive Examination Part D Guidelines for Opposition and Limitation/Revocation Procedures Part E Guidelines on General Procedural Matters Part F The European Patent Application Part G Patentability Part H Amendments and Corrections

Guidelines for Examination

Table of Contents - Guidelines for Examination


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Concordance list Guidelines 2010 2012


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Part H Amendments and Corrections


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Chapter V Allowability of amendments - examples


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C-VI, 5.3.2

6. Amendments derived from drawings

6. Amendments derived from drawings


Care should be taken when amendments are based on details which may only be derived from the schematic drawings of the original application (see also H-IV,2.5). The manner in which a particular feature is depicted in the drawings may be accidental. In such cases, the skilled person must be able to clearly and unmistakably recognise from the drawings, in the context of the whole description, that the added feature is the deliberate result of the technical considerations directed to the solution of the technical problem involved. For example, the drawings may depict a vehicle in which approximately two thirds of the height of the engine is located below a plane tangent to the top of the wheels. An amendment which defines that the major portion of the engine is located below the given level would not infringe Art.123(2) if the skilled person would recognise that such a spatial arrangement of the engine with respect to the wheels is in fact a deliberate measure directed to the solution of the technical problem (seeT398/00).

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