Relationship Between Article 83 and 84 EPC
Depending upon the circumstances, an ambiguity in the claims (i.e. a lack of clarity under Article 84 EPC) may very well lead to an insufficiency objection. As held in decision T 608/07 of 27 April 2009 (in opposition appeal proceedings),
- " should be born in mind that ambiguity also relates to the scope of the claims, ie Article 84 EPC. Since, however, Article 84 EPC is in itself not a ground of opposition, care has to be taken that an insufficiency objection arising out of an ambiguity is not merely a hidden objection under Article 84 EPC. (...) an insufficiency arising out of ambiguity it is not enough to show that an ambiguity exists, eg at the edges of the claims. It will normally be necessary to show that the ambiguity deprives the person skilled in the art of the promise of the invention. It goes without saying that this delicate balance between Article 83 and 84 EPC has to be assessed on the merits of each individual case."
Read more about this topic: Disclosure Of The Invention Under The European Patent Convention
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