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Date of decision: 02 August 2007

Case number: T 1180/05 - 3.2.02

Application number: 99926285.0

IPC class: A61F5/445

Proceedings language: EN

Title of the application A collecting bag for human body wastes

Applicant name COLOPLAST A/S

Opponent name Hollister Incorporated

Headnote -

Articles and rules EPC Art 123(2) EPC Art 123(3)

Keywords Extension beyond the content of the application as filed - (yes) Extension of the protection conferred - (yes) Use of a disclaimer in order to circumvent the potential conflict between Article 123(2) and (3) EPC - refused (see Reasons for the decision 4 and 6)

Cited decisions G 0001/93 G 0001/03 T 0390/90

Catchwords The deletion of a feature in a granted claim, which feature extends beyond the content of the application as filed, and its reintroduction in the form of a disclaimer, so that the subject-matter of the claim remains the same, is not suitable to overcome the potential conflict between Articles 123(2) and (3) EPC.

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