H-V, 3.1
The amendments to the Guidelines update and clarify the guidance on
replacement and removal of features from a claim, with updated case
law references.
Added Subject Matter
A European patent or a patent application may not be amended to
contain subject matter extending beyond the application as filed.
This section of the Guidelines provides guidance on when replacing
or removing features from a claim results in unallowable added
subject matter.
The Guidelines describe a three step test to determine if such
amendments result in added subject matter. The updated Guidelines
clarify that an amendment will fail the test, and thus add matter,
if at least one criterion of the test is failed.
The steps of the test are:
