Trilateral Project 24.1-Biotechnology 010

In general, a claim should be clearly and unambiguously defined solely by technical features; additionally the claim may include another element like a result to be achieved. However, it should not be allowed to use a result to be achieved as one of the essential elements for defining the scope of a claim unless the requirements as set out under item 1.1.1.1(1) apply.

The judgement whether a functional feature may be allowed as one of the essential features defining the scope of the claim depends on the fact whether this result to be achieved is one which can be directly and positively verified by tests or procedures adequately specified in the description or was already known to the person skilled in the art.

The terminology "means-plus-function" claim does not apply in EPO practice.