2. Subject-matter of a divisional application
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  7. 2. Subject-matter of a divisional application
  8. 2.4. Link between subject-matter of earlier application and divisional application
  9. 2.4.2 No effect on content of divisional application if earlier application has lapsed
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2.4. Link between subject-matter of earlier application and divisional application

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2.4.2 No effect on content of divisional application if earlier application has lapsed

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

In T 441/92 the parent application was refused by a decision of the examining division (which became final after the appeal was held inadmissible) after the divisional application had been filed. The board held that the lapse of the parent application cannot have the effect of reducing the content of a previously filed divisional application.

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