W 0031/88 (Beta blockers) of 09.11.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:W003188.19881109
- Date of decision
- 9 November 1988
- Case number
- W 0031/88
- Petition for review of
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- Application number
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- IPC class
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- 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
- non publié
- Opponent name
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- Board
- 3.3.01
- Headnote
1. Consideration of the clarity and conciseness of claims by the International Searching Authority (ISA) is limited to whether they can be sufficiently understood to permit a meaningful search to be carried out (Article 17(2)(a)(ii) PCT).
2. Under the PCT the International Searching Authority (ISA) is not competent to consider and judge whether the requirements of Article 6 PCT (in particular clarity and conciseness of claims) have been met.
3. According to Article 17 PCT clarity of claims for the purposes of a meaningful search is a separate question from that of unity of invention. An alleged lack of clarity in a claim cannot be used as a reason for an objection based on lack of unity.
- Relevant legal provisions
- European Patent Convention Art 154(3) 1973Patent Cooperation Treaty Art 17(2)(a)(ii)Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty Art 6Patent Cooperation Treaty R 13Patent Cooperation Treaty R 40(1)Patent Cooperation Treaty R 40(2)(c)
- Keywords
- Invitation to pay additional fees on the grounds of alleged lack of clarity
- Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. the invitation to pay additional fees dated 19 July 1988 is set aside;
2. the two additional fees paid under protest are to be refunded.