Topics: Art. 1 of the Protocol of the Interpretation of Art. 69 EPC

Scope of protection for features defined by physical properties (Art. 69 EPC, Art. 1 Interpretation Protocol): A claim feature described solely by physical properties covers only embodiments capable of performing the function the patent attributes to it. Claim 1 of the patent-in-suit defines the “non-conductive fluid” only by its immiscibility and its absence of significant…