A divisional application may be filed in respect of any pending earlier European patent application. An application is pending up to (but not including) the date on which the European Patent Bulletin mentions the grant of the European patent or the date on which the application is finally refused, withdrawn or deemed to be withdrawn. Rule 134
does not apply in this case. After an application has been refused, a divisional application may be validly filed untill the expiry of the appeal period, regardless of whether an appeal has been filed or not.