EPO: Requirements for Substantiating Added Subject-Matter Objections

In this decision, the Board of Appeal specifies the procedural requirements for raising added subject-matter objections during appeal proceedings. A mere reference to an embodiment of the original disclosure paired with a generalized assertion that an inadmissible intermediate generalization has been made does not constitute a sufficiently substantiated objection. Rather, such an objection strictly requires (i) the identification of the inadmissibly omitted features and (ii) a coherent explanation of why the omission leads to an inadmissibly extended subject-matter. According to established case law, this explanation must demonstrate that the omitted features are, according to the original disclosure, inextricably linked to some of the claimed features. Only then is it possible to grasp the substance of the objection and follow the underlying reasoning. (EPO-BoA 03.03.2026, T 241/25)