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Date of decision
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18 March 1993
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Case number
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T 0409/91
- 3.3.1
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Application number
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87308436.2
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Title of the application
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-
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Headnote
The questions of sufficiency and of support by the description
are questions of fact which have to be answered on the basis of
the available evidence having regard to the balance of
probabilities in each individual case. Although the requirements
of sufficient disclosure of the invention (Art. 83 EPC) and
support by the description (Art. 84 EPC) are related to
different parts of the patent application, they give effect to
the same legal principle that the patent monopoly should be
justified by the technical contribution to the art. Therefore,
the extent to which an invention is sufficiently disclosed is
also highly relevant for the answer to the question of support
(points 3.3 to 3.5 of the Reasons).
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Keywords
Support by the description (no), clarity no
Sufficiency of disclosure (no)
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