W 0011/89 (Fibre fleece) of 09.10.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:W001189.19891009
- Date of decision
- 9 October 1989
- Case number
- W 0011/89
- Petition for review of
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- Application number
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- IPC class
- C11D 17/04
- 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
- 3.3.02
- Headnote
To demonstrate that a group of inventions does not form a single inventive concept, an invitation to pay additional search fees pursuant to Article 17(3)(a) PCT must address the problem underlying the invention unless it is immediately clear that the technical details listed in the invitation cannot reasonably be seen as parts of an overall problem. If the invitation does not, when so required, address the problem set out in the application, it is not legally effective and any additional search fees must be refunded.
- Relevant legal provisions
- Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13(1)Patent Cooperation Treaty R 40(1)
- Keywords
- Lack of unity - underlining used to emphasise words in a list
Lack of substantiation
Invitation unfounded on substantive grounds too - 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 is ordered.