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…

The claims of the patent in suit related to a memory for sensing sub-groups of memory cells that required the activation of word line segments and corresponding sets of sense amplifiers in combination. The patentee argued that from one of the objectives of the invention mentioned in the original application, the skilled person could derive…