J 0011/87 (Abandonment) of 26.11.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J001187.19871126
- Date of decision
- 26 November 1987
- Case number
- J 0011/87
- Petition for review of
- -
- Application number
- 82903047.7
- IPC class
- B63B 35/44
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- DORIS
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Where there is any doubt as to the actual intent of a patent applicant who has made a declaration which could be construed as a withdrawal of the application, that declaration may be so construed only if the related facts confirm that such was the applicant's true intent.
- Relevant legal provisions
- European Patent Convention Art 109(1) 1973European Patent Convention Art 122 1973European Patent Convention Art 97(1) 1973European Patent Convention R 51(4) 1973European Patent Convention R 51(5) 1973
- Keywords
- Second notice of appeal filed after interlocutary revision
Interpretation of a declaration
Consideration of facts subseqent to the declaration
Withdrawal of the application (no)
Abandonment, surrender (yes) - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Formalities Section in Directorate-General 2 of the EPO dated 15 July 1985 is set aside.
2. The case is remitted to the first instance.