J 0013/82 (Correction of description) of 18.10.1982
- European Case Law Identifier
- ECLI:EP:BA:1982:J001382.19821018
- Date of decision
- 18 October 1982
- Case number
- J 0013/82
- Petition for review of
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- Application number
- 82300154.0
- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- 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
- General Datacomm
- Opponent name
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- Board
- 3.1.01
- Headnote
I. Rule 88, second sentence, EPC requires that a correction to the description filed on a European patent application must be obvious, in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction. This requirement is not satisfied in a case in which the mistake to be corrected consists of an omission and the omitted matter is also missing from priority documents filed with the EPO, at the time when the request for correction is received.
II. The facts that the omitted matter is on file at the national industrial property office concerned and that a copy of it was in the possession of the applicant's representative, are, in this respect, without significance.
- Relevant legal provisions
- European Patent Convention Art 78(1)(b) 1973European Patent Convention R 88 1973
- Keywords
- Correction of mistakes
Correction of description
Appendix to description - Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons, it is decided that:
The Appeal against the Decision of the Receiving Section of the European Patent Office dated 6 April 1982 and the application for reimbursement of the appeal fee are dismissed.