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Case Law of the Boards of Appeal

 
 
3.1. Application of Rule 142 EPC by the EPO of its own motion

The EPO must apply the provisions of R. 142 EPC (R. 90 EPC 1973) of its own motion (J ../87=J 902/87, OJ 1988, 323; J 23/88, T 315/87). The consequence of an interruption in the proceedings is that the time limits in force as regards the applicant or patentee at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings were resumed (see R. 142(4) EPC). However, the time limit for making the request for examination and the time limit for paying renewal fees are only suspended (see below point 3.7 "Consequences of interruption of proceedings (R. 142(4) EPC)").