W 0044/88 (Surface-active substances) of 31.05.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:W004488.19890531
- Date of decision
- 31 May 1989
- Case number
- W 0044/88
- Petition for review of
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- Application number
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- IPC class
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- 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
- non publié
- Opponent name
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- Board
- 3.4.01
- Headnote
I. Under the provisions of the PCT and its Regulations, the International Searching Authority is empowered and obliged to determine whether an international application meets the requirement of unity of invention in Rule 13 PCT in the light of prior art discovered during the search ("a posteriori") (section 2.3 of the Reasons for the Decision, notwithstanding W 03/88, OJ EPO 1990, 126). (In its decision W 35/88 dated 7 June 1989, the Technical Board of Appeal 3.5.1 arrived at the same conclusion regarding unity 3 03/88 of the Technical Board of Appeal 3.3.1.).
2. When acting as an International Searching Authority the EPO must adhere to the Guidelines for International Search to be Carried Out under the PCT insofar as these are not at odds with the PCT or any of its Regulations (points 2.3.13 to 2.3.15 of the Reasons for the Decision).
- Relevant legal provisions
- European Patent Convention Art 154(3) 1973Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13Patent Cooperation Treaty R 40(1)
- Keywords
- Admissibility of an "a posteriori" objection of lack of unity (yes)
Single general inventive concept (yes) - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
Refund of the additional search fee paid by the applicant is ordered.