W 0006/99 (NIR radiation II) of 07.04.2000

European Case Law Identifier: ECLI:EP:BA:2000:W000699.20000407
Date of decision: 7 April 2000
Case number: W 0006/99
Petition for review of: -
Application number: -
IPC class: -
Language of proceedings: German
Distribution: Published in the EPO's Official Journal (A)
Download: Decision in German
OJ versions: German
English
French
Other decisions for this case: -
Abstracts for this decision: -
Application title: -
Applicant name: -
Opponent name: -
Board: 3.3.02
Headnote: Under the PCT Preliminary Examination Guidelines binding on the EPO, an invitation pursuant to Rule 68.2 PCT may not be issued until the applicant's reply to the examiner's first written opinion has failed to overcome the IPEA's 'a posteriori' lack-of-unity objection. The intention of speeding up the procedure by issuing simultaneously the first opinion and the invitation under Rule 68.2 PCT does not justify departing from the procedure prescribed in the interests of the applicant, nor can it make up for the lack of at least a first written opinion pursuant to Rule 66.2 PCT prior to issue of the invitation pursuant to Article 34(3)(a) PCT in conjunction with Rule 68.2 PCT.
Relevant legal provisions: European Patent Convention Art 154(3) 1973 Patent Cooperation Treaty Art 19(1)Patent Cooperation Treaty Art 33(2)Patent Cooperation Treaty Art 34(2)(b)Patent Cooperation Treaty Art 34(2)(c)Patent Cooperation Treaty Art 34(3)(a)Patent Cooperation Treaty Art 40(2)(e)Patent Cooperation Treaty R 13 Patent Cooperation Treaty R 66(2)(a)Patent Cooperation Treaty R 66(2)(b)Patent Cooperation Treaty R 66(2)(c)Patent Cooperation Treaty R 68(1)Patent Cooperation Treaty R 68(2)Patent Cooperation Treaty R 68(3)(c)Patent Cooperation Treaty R 68(3)(e)
Keywords: If a lack-of-unity objection is raised 'a posteriori' during international preliminary examination, a first written opinion pursuant to Rule 66 PCT must be sent and the applicant's reply taken into consideration before an invitation pursuant to Article 34(3) PCT is issued
Catchword: -
Cited cases: -
Citing cases: W 0013/99 W 0003/03 W 0033/04 W 0037/04

ORDER

For these reasons it is decided that:

The additional examination fees which were paid and the protest fee shall be reimbursed.