In this revocation appeal claim 1 of the auxiliary request was directed at “screw caps that can be manufactured (susceptible d’être
fabriquée) by injection” of a certain polyethylene composition.
The opponent raised a clarity objection.
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Translation of the French original ***
[8] The expression “that
can be obtained by” (susceptible d’être
obtenue par) is common in claim drafting. Its purpose is to remove any
ambiguity regarding the nature of the object that is to be protected. The expression
“that can” (susceptible) means
that the object necessarily has to have all the features resulting from that
specific method without limiting the protection to the products obtained by
such a method only. Thus the objection under A 84 is unfounded.
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