J 0004/86 (Air-conditioning system) of 04.03.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000486.19870304
- Date of decision
- 4 March 1987
- Case number
- J 0004/86
- Petition for review of
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- Application number
- 83105121.4
- IPC class
- F25B 13/00
- 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
- Klimaanlage
- Applicant name
- BMW
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Failure to file a request for examination for a European patent application will result in the application's being deemed to be withdrawn upon expiry of the period referred to in Article 94(2) EPC and not subsequently upon expiry of the period of grace provided by Rule 85b EPC. In such a case, therefore, a renewal fee which does not become due until after expiry of the first-mentioned time limit must be refunded.
- Relevant legal provisions
- European Patent Convention Art 86 1973European Patent Convention Art 94 1973European Patent Convention R 67 1973European Patent Convention R 85b 1973
- Keywords
- Fiction of withdrawal in the absence of a request for examination
Point at which loss of rights ensues
Renewal fee/due date during period of grace provided for in Rule 85b
Procedural violation (no) - incorrect legal interpretation - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. Refund of the third renewal fee is ordered.
3. The request for reimbursement of the appeal fee is refused.