J 0003/21 of 07.02.2023
- European Case Law Identifier
- ECLI:EP:BA:2023:J000321.20230207
- Date of decision
- 7 February 2023
- Case number
- J 0003/21
- Petition for review of
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- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
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- Abstracts for this decision
- Abstract on EPC2000 R 139
- Application title
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- Applicant name
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- Opponent name
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- Board
- 3.1.01
- Headnote
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- Relevant legal provisions
- European Patent Convention Art 107European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)European Patent Convention R 103(1)(a)European Patent Convention R 139European Patent Convention R 40(1)(c)
- Keywords
- Correction of originally filed application documents (no)
Referral to the Enlarged Board of Appeal (no)
Reimbursement of the appeal fee (no) - Catchword
- 1. Mere inconsistencies among the indications in the request for grant of a European patent (EPO Form 1001), and between some of them and the originally filed application documents, are not sufficient to prove an alleged obvious error or the obviousness of a correction offered under Rule 139 EPC.
2. The ban on corrections under Rule 139 EPC by replacement of at least the complete description is categorical. - Citing cases
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Order
For these reasons it is decided that:
1. The request for referral of questions to the Enlarged Board of Appeal is refused.
2. The appeal is dismissed.
3. The request for reimbursement of the appeal fee is refused.