T2563/12 - Structural association sizes

The decision T2563/12 is a further example of the fatal consequences of using terms with no well-recognized meaning in the relevant technical field in a claim without defining them in the specification.

The requests were directed to a concrete delivery system comprising a substrate with a surface comprising a metal/metal alloy, wherein at least a portion of said alloy has "structural association sizes" in the range of one or more of the following:

• (i) 5 Angstroms to 100 Angstroms
• (ii) 10 to 150 nm, or
• (iii) 150 to 1,000 nm

The board concurred with the Examining division in that the term "structural association sizes" does not have a well-recognized meaning and is further not defined in the specification such that it remains unclear.

In the absence of any disclosure suitable for clarifying the claim without violating Art. 123(2) EPC the application was doomed to fail.