3.2 Interpretation of claims
Overview
The search is not restricted by the literal wording of the claims but also not broadened to include everything that a person skilled in the art might envisage from considering the description and drawings. The search division may need to consider the contents of the description and/or drawings when performing the search in order to:
(i)identify the technical problem and its solution
(ii)define unclear terms not defined in the claims
(iii)define clear terms given a definition different from their usual meaning
(iv)ascertain whether there is a fallback position.
The aim of the search is to identify prior art which is relevant to novelty and/or inventive step (see B‑II, 2). The search covers what appear to be the invention's essential features and is adapted to take account of any changes in the (objective) technical problem solved by the invention that may later arise in view of the prior art found so far (see B‑IV, 2.3 and B-IV, 2.4 and G‑VII, 5.2).
When interpreting claims for the purpose of the search, the search division will also consider any prior art comprising technical features which are well-known equivalents of the technical features of the claimed invention and which may mean it lacks inventive step (see G‑VII, Annex, 1.1(ii)).