1.7.6 No analogy with G 1/03 where a disclaimer already in the application as filed is deleted

In T 2327/18 the respondent (patent proprietor) submitted that the disclaimer at issue had been included in the original application for legal reasons only (namely to establish novelty over an Art. 54(3) EPC document cited in relation to the parent application). The board refused to draw the analogy with G 1/03 (OJ 2004, 413) which the appellant had sought to establish, holding that a disclaimer expressly disclosed in the application as filed as not forming part of the invention could not permissibly be deleted if that would mean that some of that "non-part" was claimed after all.