1.14.6 Reformulation of the technical problem

Expanding on T 13/84 (OJ 1986, 253), it was stated in T 547/90 and T 530/90 that reformulating the technical problem was not in breach of Art. 123(2) EPC 1973 provided the problem as clarified and the solution proposed could have been deduced from the application as a whole in the form originally filed (see T 871/08 of 8 December 2011 date: 2011-12-08, T 2076/09). In T 969/19 the board made it clear that Art. 123(2) EPC was not concerned with the issue of whether or not an objectively reformulated technical problem could be used in the course of the problem and solution approach. It could only come into play if an amended technical problem was incorporated into the description itself (see T 284/98 and T 276/06).

On the reformulation of the technical problem, see also chapters I.D.4.4. – 4.5.