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Date of decision
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16 December 97
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Case number
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T 0615/95
- 3.3.1
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Application number
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89309705.5
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Title of the application
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Nucleophilic polysubstituted aryl acridinium esters, conjugates,
production and uses thereof
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Applicant name
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Ciba Corning Diagnostics Corp.
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Keywords
Amendment of a generic chemical formula
Admissible limitation
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Catchwords:
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1. If there are three independent lists of sizeable length
specifying distinct meanings for three residues in a generic
chemical formula in a claim, then the deletion in each list of
one originally disclosed meaning is allowable under Article
123(2) EPC if it does not result in singling out any hitherto
not specifically mentioned individual compound or group of
compounds, but maintains the remaining subject-matter as a
generic group of compounds differing from the original group
only by its smaller size. Such shrinking of the generic group of
chemical compounds is not objectionable if these deletions do
not lead to a particular combination of specific meanings of the
respective residues which was not disclosed originally or, in
other words, do not generate another invention (see no. 6 of the
Reasons for the Decision).
2. An Examining Division's decision should not be supplemented
normally by annexes dealing with issues having no relation to
the issues dealt with in the reasons for this decision (see no.
14 of the Reasons for the Decision).
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