J 0004/11 of 25.11.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:J000411.20111125
- Date of decision
- 25 November 2011
- Case number
- J 0004/11
- Petition for review of
- -
- Application number
- 08012193.2
- IPC class
- A23L 2/00
- 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
- Water containing soluble fiber
- Applicant name
- Stillman, Suzanne Jaffe
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(1) 1973European Patent Convention Art 112 1973European Patent Convention Art 121(1) 1973European Patent Convention Art 122(3)European Patent Convention Art 60(1) 1973European Patent Convention Art 60(3) 1973European Patent Convention Art 64 1973European Patent Convention Art 67(1) 1973European Patent Convention Art 67(2) 1973European Patent Convention Art 67(4) 1973European Patent Convention Art 86(1)European Patent Convention Art 86(3) 1973European Patent Convention R 112European Patent Convention R 25(1) 1973European Patent Convention R 36(1)European Patent Convention R 69 1973
- Keywords
- Divisonal application
Pending earlier application (no)
Deemed withdrawal of application
Request for re-establishment
Request for referral of question to Enlarged Board of Appeal (no) - Catchword
- An application which has been deemed to be withdrawn for non-payment of a renewal fee is not pending within the meaning of Rule 25(1) EPC 1973 in the period for filing a request for re-establishment of rights under Article 122 EPC 1973 in respect of such non-payment or in the period after which such an application is filed in the event of such request being refused.
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.
2. The request for referral of a question to the Enlarged Board of Appeal is refused.