J 0009/07 (Priority period and re-establishment/TOSHIBA) of 30.06.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:J000907.20080630
- Date of decision
- 30 June 2008
- Case number
- J 0009/07
- Petition for review of
- -
- Application number
- 04257544.9
- IPC class
- G01N 35/10
- 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
- Clinical laboratory apparatus
- Applicant name
- 1. KABUSHIKI KAISHA TOSHIBA
2. Toshiba Medical Systems Corporation - Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 1 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 122European Patent Convention Art 122(5) 1973European Patent Convention Art 2(2) 1973European Patent Convention Art 66European Patent Convention Art 66 1973European Patent Convention Art 87 1973European Patent Convention Art 87(1) 1973European Patent Convention Art 88 1973European Patent Convention Art 89 1973European Patent Convention R 136European Patent Convention R 38 1973European Patent Convention R 84a 1973European Patent Convention R 85 1973
- Keywords
- Request to refer a question to the Enlarged Board of Appeal - rejected
Request for re-establishment of rights with respect to the priority period - not admissible - Catchword
- Article 122 (5) EPC 1973 has to be interpreted in accordance with its proper wording and that wording leaves no doubt or ambiguity that restitutio in integrum with respect to the time limit referred to in Article 87 (1) EPC 1973 has been excluded by the legislator.
ORDER
For these reasons it is decided that:
1. The request to refer a question to the Enlarged Board of Appeal is rejected.
2. The appeal is dismissed.