1.4.3 Final decision on subject-matter in the parent application - res judicata

In T 51/08 the appellant had submitted with the statement of grounds of appeal amended claims corresponding to the second auxiliary request of the parent application which had already been refused on appeal. The board held that subject-matter on which a final decision had been taken by a board of appeal in the parent application became res judicata and could not be pursued in the divisional application (see also T 790/10).

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