The Court addresses the issue of how to deal with a feature of a patent claim that was not originally disclosed, but the deletion of which would lead to a broadening of the scope of the claim and would thus not be admissible. The Court allowed that the feature remains in the claim, provided that it is a limitation of the scope of the claim and that the patentee does not derive any rights from this feature. It is not necessary to introduce a disclaimer into the description or the claim. However, such a disclaimer is not harmful either. The patent may not be revoked merely because a disclaimer is missing. In this context the Court specifically referred to the case law of the Enlarged Board of Appeal at the EPO.
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