J 0028/03 (Divisional application/ERICSSON INC.) of 04.10.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:J002803.20041004
- Date of decision
- 4 October 2004
- Case number
- J 0028/03
- Petition for review of
- -
- Application number
- 02018257.2
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- System and method for routing positioning requests based on mobile switching center address
- Applicant name
- Ericsson Inc.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Suspensive effect means that the consequences following from an appealed decision do not immediately occur after the decision has been taken. Actions normally taking place after a decision are "frozen". Suspensive effect does not have the meaning of cancellation of the appealed decision. Even after an appeal the decision as such remains and can only be set aside or confirmed by the Board of Appeal.
The status of a divisional application filed while an appeal against the decision to grant a patent on the parent application is pending depends on the outcome of that appeal. Therefore, the department of first instance cannot decide on the question whether the divisional application has been validly filed until the decision of the Board of Appeal on the appeal is taken.
- Relevant legal provisions
- European Patent Convention Art 106 1973European Patent Convention Art 107 1973European Patent Convention Art 121 1973European Patent Convention R 25(1) 1973European Patent Convention R 51(6) 1973
- Keywords
- Meaning of suspensive effect
Divisional application (no) - Catchword
- -
- Cited cases
- T 1187/02
ORDER
For these reasons it is decided:
The appeal is dismissed.