T 0002/81 - Combination of range with subrange (allowed) - #80

Citation rank: 80
No. of citations: 63

T 2/81 is concerned with the question of combining end points of originally disclosed numerical parameter ranges, and whether the resulting ranges can be used form amending claims (Art. 123(2)).

T 2/81 held:

"The disclosure of a quantitative range of values (e.g. for concentrations or temperatures) together with an included preferred narrower range also directly discloses the two possible part-ranges lying within the overall range on either side of the narrower range. Hence a simple combination of the preferred narrower range and one of these part-ranges is also unequivocally derivable and is supported by the disclosure." (Headnote 2)

It is hence part of the relatively liberal case law of the Boards of Appeal regarding the combination of end points of numerical parameter ranges.

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Headnote:

1. While it is inadmissible to combine unrelated or conflicting documents mosaically in order to deny inventive step, it is indeed permissible to consider various publications and information jointly to prove a prejudice or a general trend in the art pointing away from the invention.
2. The disclosure of a quantitative range of values (e.g. for concentrations or temperatures) together with an included preferred narrower range also directly discloses the two possible part-ranges lying within the overall range on either side of the narrower range. Hence a simple combination of the preferred narrower range and one of these part-ranges is also unequivocally derivable and is supported by the disclosure.

The full text of the decision can be found here.