In decision T 437/14 of 12 March 2019 the board took into account the answers of the Enlarged Board of Appeal to the questions on undisclosed disclaimers which the board had referred in case G 1/16 (OJ EPO 2018, A70). The board's findings on the admissibility of the undisclosed disclaimers are summarised under chapter II.E.1.2. of this publication. With respect to the validity of the priority right and novelty, opponent 3 had argued that the subject-matter of claim 1 of the new main request lacked novelty over D57 and D58, two divisional applications stemming from the application on which the patent in suit was based: these disclosed specific compounds falling within the scope of claim 1 and validly claimed a priority right from earlier application US 09/452,346. However, in view of the disclaimers added to claim 1, this claim did not validly claim a priority right from US 09/452,346. Thus, for its subject-matter, D57 and D58 belonged to the state of the art under Art. 54(3) EPC. According to the board, for this attack to succeed, two conditions would have to be fulfilled: that at least one embodiment of the divisional application/s was encompassed by claim 1, and that claim 1 did not enjoy a priority right or at least a partial priority right for the part/s relating to those embodiment/s from US 09/452,346. In its earlier interlocutory decision, the board had already decided that the claims of the new main request were based on the description of the application as filed. The description of the application was identical to the description of US 09/452,346, from which priority was claimed. Thus, leaving aside the issue of the disclaimers, the subject-matter claimed was also disclosed in that earlier application. Citing point 4 of the reasoning of G 1/03 (OJ EPO 2004, 413) with regard to the insertion of the two disclaimers in claim 1, the board was satisfied that these did not provide a technical contribution and fulfilled the requirements of Art. 123(2) EPC. It therefore concluded the subject-matter of claim 1 enjoyed priority from the earlier application. As far as D57 and D58 disclosed specific compounds falling within claim 1 and validly claimed priority from the earlier application, claim 1 validly claimed a corresponding partial priority right from the earlier application for those same specific compounds. Claim 1 was, in fact, a generic "OR" claim encompassing alternative subject-matter directly and unambiguously disclosed in the priority document and was thus entitled to a partial priority for that alternative subject-matter within the meaning of G 1/15. As a consequence, the second condition mentioned above was not fulfilled and D57 and D58 did not form part of the state of the art under Art. 54(3) EPC for the purpose of assessing novelty.