J 0005/01 (Correction of errors/AIR LIQUIDE OF AMERICA) of 28.11.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:J000501.20011128
- Date of decision
- 28 November 2001
- Case number
- J 0005/01
- Petition for review of
- -
- Application number
- 96922477.3
- IPC class
- B08B 7/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- On-site generation of ultra-high-purity buffered-HF for semiconductor processing
- Applicant name
- Air Liquide America Corporation
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 16 1973European Patent Convention Art 18 1973European Patent Convention Art 96 1973European Patent Convention R 67 1973European Patent Convention R 88 1973
- Keywords
- -
- Catchword
- The wording of Articles 16 and 18 EPC as they stand leaves no room for an interpretation according to which the responsibility for a European patent application could be split between Receiving Section and Examining Division. The clear and mutually exclusive allocation of this responsibility in the Convention prevails over considerations of procedural or cost economy (contrary to decision J 0008/82). Thus, relying on the point in time at which a request for correction was made rather than on the two acts mentioned in Article 16 EPC (request for examination or indication under Article 96(1) EPC) would be contra legem.
- Citing cases
- T 2411/10
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution.
3. Reimbursement of the appeal fee is ordered.