1. Key takeaways
Added-matter objections require identifying the extended subject-matter (Headnote 1, mn. 108 et seq.)
The party alleging added matter must identify, by means of a specific comparison, the subject-matter of the original disclosure that is said to have been extended in the later
application or divisional patent (Art. 65(2) UPCA, Art. 123(2), 138(1)(c) EPC).
A large number of embodiments and theoretical combinations in the application as filed does not, by itself, establish added matter. The claimant must identify which subject-matter in the claim extends beyond the original disclosure.
The Court cannot cure or supplement an insufficiently pleaded attack (Headnote 1, mn. 114, 115)
