G 1/25 is published: the EPO’s Enlarged Board of Appeal settles the description adaptation debate

Yesterday, the Enlarged Board of Appeal issued its decision in G 1/25 (Knauf Insulation v. ROCKWOOL).

The headnote:

If claim amendments introduce an inconsistency with the description (including drawings), and that inconsistency means Articles 52–57, 76(1), 83, 84, 123(2) or 123(3) EPC are not complied with, the description must be adapted to remove the inconsistency.

This standard applies in both examination and opposition proceedings — the Board saw no reason to treat them differently (Question 3: “No”)

That is, no significant changes from the previous practice!