Unilever v. Plasticos Gonzalez & Colgate-Palmolive, European Patent Office (EPO Board of Appeal), 28 September 2009
A claim violates Article 123(2) EPC when an added claim term has two reasonable interpretations, one of which violates article 123(2) EPC. An amendment selecting the interpretation that does not violate Article 123(2) is not allowed during opposition because of Article 123(3) EPC. In the view of the Board the proprietor should not be able…