The oral proceedings for G1/24 were held today before the Enlarged Board of Appeal.

This follows the proceedings earlier this month for G1/23, where Dehns Chemical Partner, Neil Campbell, represented the Opponent.

Today’s hearing focused on the interpretation of claims, specifically examining the extent to which the description can be utilised in claim interpretation under the EPC. While the Enlarged Board did not reveal much during the proceedings, two key questions prompted some debate. The first question addressed whether the principles of claim interpretation outlined in the EPC should be regarded as “general principles”, that is applicable regardless of any specific presentation in the EPC. The second question explored whether the Protocol on the Interpretation of Article 69 EPC introduced new “principles” that go beyond those that were already present in Article 69 EPC.

During the proceedings, representatives for the President of the EPO reiterated, as in the written procedure, that “the alignment [of the description and the claims] is closely linked to claim interpretation.” They requested that the Enlarged Board offer guidance on this issue. However, it remains uncertain whether the Enlarged Board will address this, particularly as it was not included in any of the referred questions.

We await the outcome of this case with interest.