J 0026/82 (Divisional application) of 03.08.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:J002682.19840803
- Date of decision
- 3 August 1984
- Case number
- J 0026/82
- Petition for review of
- -
- Application number
- 81109672.6
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
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- Application title
- -
- Applicant name
- Grisebach
- Opponent name
- -
- Board
- 3.1.01
- Headnote
In establishing whether a letter from the applicant is to be regarded as a limitation within the meaning of Rule 25(1)(b), the objective content of the letter is decisive. However, the content of the letter is not to be interpreted in isolation but in the context of earlier communications from the Examining Division and letters from the applicant.
- Relevant legal provisions
- European Patent Convention Art 76 1973European Patent Convention R 25(1)(b) 1973
- Keywords
- Divisional application/mandatory division
Divisional application/time limit for filing - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0910/92
ORDER
For these reasons, it is decided that:
1. The decisions of the Receiving Section of the European Patent Office dated 1 July 1982 concerning European patent applications Nos. 81 108 902.8, 81 108 994.5 and 81 109 672.6 are set aside.
2. The above European patent applications were filed within the period laid down in Rule 25(1)(b) EPC.