J 0013/84 (Divisional application) of 16.11.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:J001384.19841116
- Date of decision
- 16 November 1984
- Case number
- J 0013/84
- Petition for review of
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- Application number
- 81400783.7
- IPC class
- -
- Language of proceedings
- French
- 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
- Roussel-Uclaf
- Opponent name
- -
- Board
- 3.1.01
- Headnote
An invitation to an applicant to limit his earlier application under Rule 25(1)(b) must of necessity be written clearly and unambiguously in order to produce its full effect.
- Relevant legal provisions
- European Patent Convention Art 76 1973European Patent Convention R 25(1)(a) 1973European Patent Convention R 25(1)(b) 1973
- Keywords
- Divisional application/Admissibility
Invitation of the Examining Division
Invitation to limit - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Receiving Section dated 17 January 1984 is set aside.
2. The European divisional application filed on 31 August 1983 shall be deemed to have been filed on the date of filing of the earlier application, i.e. 19 May 1981, and shall have the benefit of that application's right of priority, i.e 15 May 1980, provided that its subject-matter does not extend beyond that of the earlier application.