Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))
The IPKat
OCTOBER 30, 2023
Added Matter in the UK and Europe The EPO has a famously strict approach to added matter under Article 123(2) EPC. In this embodiment, the heater was described as forming part of the cartridge ("article") inserted into the device, and not part of the device itself. PM argued that the amendment added matter.
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