In a much-awaited decision, Technical Board of Appeal 3.3.04, in T 56/21, has not referred questions to the Enlarged Board of Appeal on the requirement for applicants to amend the description for consistency with the claims prior to grant.
The decision indicates that the Board does not consider there to be legal basis for requiring the adaptation of the description.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
