The EPO's Enlarged Board of Appeal has ruled on the question of partial priorities and so-called toxic divisionals.

The Enlarged Board held that a generic claim encompassing alternative subject matter may not be refused partial priority, provided the alternative subject matter has been directly, at least implicitly, and unambiguously disclosed in the priority document. The order can be read here.

The EPO has yet to issue the reasoned decision but we will report on it as soon as it is released.