J 0037/89 (Rejection of extension of time limit) of 24.07.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:J003789.19910724
- Date of decision
- 24 July 1991
- Case number
- J 0037/89
- Petition for review of
- -
- Application number
- 84904177.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Matsushita
- Opponent name
- -
- Board
- 3.1.01
- Headnote
If a request for extension of a time limit filed in good time has been rejected under Rule 84, second sentence, EPC, and the applicant considers this unjust, the ensuing loss of rights can only be overcome by a request for further processing under Article 121 EPC. At the same time, he may request reimbursement of the fee for further processing. This secondary request will have to be decided on in connection with the final decision. Under Article 106(3) EPC, the decision on the secondary request can be appealed together with the final decision. The appeal may also be confined to contesting the decision on the secondary request.
- Relevant legal provisions
- European Patent Convention Art 106(3) 1973European Patent Convention Art 121 1973European Patent Convention Art 96(3) 1973European Patent Convention R 84 1973
- Keywords
- Extension of time limit - Review of rejection of same
- Catchword
- -
- Cited cases
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ORDER
For these reasons it is decided that:
1. The appeal is rejected as inadmissible.
2. The request for reimbursement of the appeal fee is refused.