European Patent Office

J 0028/86 (Container) of 13.04.1987

European Case Law Identifier
ECLI:EP:BA:1987:J002886.19870413
Date of decision
13 April 1987
Case number
J 0028/86
Petition for review of
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Application number
83109109.5
IPC class
B65D 90/06
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
Voll
Opponent name
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Board
3.1.01
Headnote

1. A request for examination which is deemed not yet to have been filed on account of non-payment of the examination fee may validly be withdrawn.

2. A request for examination filed by a person who is not entitled to act as a representative in accordance with Article 134 EPC is invalid.

3. An examination fee paid for a request for examination that is invalid, must be refunded.

Keywords
Refund of examination fee
Request for examination/invalid
Catchword
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Cited cases
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Citing cases
T 0803/03

ORDER

For these reasons, it is decided that:

1. The decision of the Head of Formalities dated 2 May 1986 is set aside.

2. Reimbursement of the amount of DEM 2 120 and of the appeal fee is ordered.