3.2 Interpretation of claims
3.2.4 Use of the description and/or drawings to establish definitions of clear terms given a definition different from their usual meaning
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In some applications the meaning given to a technical term by the description and/or the drawings differs from the commonly recognised meaning of that term in the technical field of the application. This may lead to the meaning of the term (and so the scope of the claim) becoming broader (see Example 1) or narrower (see Example 2).
Example 1
Claim 1: Halide salt of compound A
Normally the term "halide salt" means fluoride, chloride, bromide or iodide salt.
Description: In the context of the present invention the term halide salt means fluoride, chloride, bromide, iodide or tosylate salt.
In this example, the claim at first sight appears to be clear, since it makes use of a technical term ("halide salt") with a clear and well-established meaning in the technical field of the application. However, the description defines this term in such a way that it has a meaning broader than its well-established one (here the meaning of this term is extended to include tosylate salt).
Example 2
As Example 1, but the description defines "halide salt" as meaning fluoride, chloride or bromide salt.
In this example, the meaning of "halide salt" is narrower (it does not cover iodide salt) than in its established definition.
In both cases the search takes into account the definition of the terms as generally recognised in the technical field of the application as well as their definition as laid down in the application itself.