Saturday 31 July 2010

Interpretative Spotlight: “may”


[2.6] Further, claim 1 has been amended by deleting the term “may” at two occurrences.

The first deletion results in the amendment that water no longer “may exit” but “exits” the device. Since the original wording “may exit” has the meaning “optionally exits”, the deletion of the term “may” corresponds to the deletion of the term “optionally”, which is not to be objected to under A 123(2).

The second deletion of the term “may” modifying the expression “no ultraviolet radiation may be transmitted” into the expression “no ultraviolet radiation is transmitted” does not alter the technical meaning, but clarifies the absence of any transmission.

Therefore, these amendments to claim 1 are not to be objected to under A 123(2).

If you wish to download the whole decision (T 1628/07), please click here.

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