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Case Law of the Boards of Appeal

 
 
2.4.1 Changes to Implementing Regulations

In the original version of R. 25 EPC 1973 of 1.10.1988, a divisional application could be filed only up to the date on which the applicant approved the text in which the patent was to be granted under R. 51(4) EPC 1973 (in the version which entered into force on 1.09.1987). For a brief overview of the case law in respect of the version of 1.10.1988 see "Case Law of the Boards of Appeal of the EPO", 6th edition 2010, p. 389-390, summarising the decisions G 10/92, J 36/92, J 27/94. J 29/96 (for more detailed information, see "Case Law of the Boards of Appeal of the EPO", 4th edition 2001, p. 463 ff). Under R. 25(1) EPC 1973 in the amended version of 2.01.2002, the applicant could file a divisional application in respect of any pending earlier European patent application (see "Case Law of the Boards of Appeal of the EPO", 6th edition 2010, p. 390-391). This requirement of pendency was adopted into R. 36(1) EPC.