T 2052/14 Disclosure of relative dimensions in drawings
The Examining Division held that the subject matter of claim
1 was not new with respect to D1 (EP 1748243 A2). The division derived from the
figure a ratio of 0.9 and thus anticipating a claimed ratio from about 0.1 to
about 1.0. The Board disagrees. D1 does not indicate that the drawings are to
scale. Moreover, D1 is not related to the claimed aspect and there would thus
also not have been any reason for D1 to be to scale. This raises the issue whether the skilled person would derive the claimed ratio from a schematic drawing.
The Board thinks not.
The Examining Division also regarded to formulation from
about 0.1 to about 1.0 unclear (Art.84). The Board disagrees; this formulation
only allows a wider interpretation. The Board regards the wider range to be
new.
SHARE:
