The following questions are referred to the Enlarged Board of
Appeal:
(1) In the case of a sequence of applications consisting of a
root (originating) application followed by divisional
applications, each divided from its predecessor, is it a
necessary and sufficient condition for a divisional application
of that sequence to comply with Article 76(1) EPC, second
sentence, that anything disclosed in that divisional application
be directly, unambiguously and separately derivable from what is
disclosed in each of the preceding applications as filed?
(2) If the above condition is not sufficient,
does said sentence impose the additional requirement
(a) that the subject-matter of the claims of said divisional be
nested within the subject-matter of the claims of its divisional
predecessors?
or
(b) that all the divisional predecessors of said divisional
comply with Article 76(1) EPC?
