J 0011/80 (Withdrawal of a European patent application) of 25.03.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:J001180.19810325
- Date of decision
- 25 March 1981
- Case number
- J 0011/80
- Petition for review of
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- Application number
- 79100230.6
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Roehm
- Opponent name
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- Board
- 3.1.01
- Headnote
A request for withdrawal of a European patent application should only be accepted without question if it is completely unqualified and unambiguous.
- Relevant legal provisions
- European Patent Convention R 48(2) 1973
- Keywords
- Withdrawal of European patent application
European patent application/withdrawal - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. In so far as it held that the appellant's application for a European patent had been withdrawn, the Decision of the Receiving Section of the European Patent Office dated 28 November 1979 is set aside and it is declared that European patent application No. 79 100 230.6 is, and has always been, in existence.
2. It is ordered that the notification to the public in the European Patent Bulletin that European patent application No 79100230.6 has been withdrawn shall be corrected.
3. It is ordered that the fee for further processing shall be refunded to the appellant.