2.3.1 Examples of the exercise of discretion under Rule 137(3)
2.3.1.1 Rule 137(3) in conjunction with Art. 83
|
A revised version of this publication entered into force. |
The examining division has raised an objection under Art. 83 that the entire application, i.e. claims, description and drawings, does not disclose to a person skilled in the art how to carry out the invention without using inventive skill.
The examining division will not admit any (further) amendment under Rule 137(3) unless the applicant is able to demonstrate to the satisfaction of the examining division that the application contains enough information to enable the person skilled in the art to carry out the invention; for example the applicant could demonstrate that an embodiment in the description is sufficiently disclosed for the person skilled in the art to put it into practice.
If the applicant cannot demonstrate the above, then the objection under Art. 83 EPC can only be overcome by adding information to the application as filed, which usually infringes Art. 123(2) EPC.