G 0005/93 (Re-establishment) of 18.01.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:G000593.19940118
- Date of decision
- 18 January 1994
- Case number
- G 0005/93
- Petition for review of
- J 0004/93 1993-05-24
- Application number
- 90914566.6
- IPC class
- G01N 21/35
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Method for analyzing agent gas
- Applicant name
- Nellcor Incorporated
- Opponent name
- -
- Board
- -
- Headnote
The provisions of Article 122(5) EPC apply to the time limits provided for in Rule 104b(1)(b) (i) and (ii) EPC in conjunction with Articles 157(2)(b) and 158(2) EPC. This nothwithstanding, Euro-PCT applicants may be re-established in the time limit for paying the national fee provided for in Rule 104b EPC in all cases where re-establishment of rights was applied for before Decision G 3/91 was made available to the public.
- Relevant legal provisions
- European Patent Convention Art 122(5) 1973European Patent Convention Art 150 1973European Patent Convention Art 157(2)(b) 1973European Patent Convention Art 158(2) 1973European Patent Convention R 104b(1)(b) 1973
- Keywords
- Applicability of Article 122(5) EPC
- Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that the questions of law which were referred to the Enlarged Board of Appeal are answered as follows:
The provisions of Article 122(5) EPC apply to the time limits provided for in Rule 104b(1)(b) (i) and (ii) EPC in conjunction with Articles 157(2)(b) and 158(2) EPC. This notwithstanding, Euro-PCT applicants may be re-established in the time limit for paying the national fee provided for in Rule 104b EPC in all cases where re-establishment of rights was applied for before Decision G 3/91 was made available to the public.