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Case Law of the Boards of Appeal

 
 
1.6. Circumstances under which decision can be applied for under Rule 112(2) EPC

In J 43/92 the board noted that a decision pursuant to R. 69(2) EPC 1973 (now R. 112(2) EPC) could only validly be applied for in the circumstances defined in R. 69(1) EPC 1973 (now R. 112(1) EPC). Thus, it was a necessary condition for such an application that the EPO had previously noted the loss of a right resulting from the EPC 1973 without any decision and communicated this to the party concerned. Otherwise, there was no basis for the EPO to give a decision pursuant to R. 69(2) EPC 1973.