J 0004/80 (Examination of legal problems by a Board of Appeal) of 17.09.1980
- European Case Law Identifier
- ECLI:EP:BA:1980:J000480.19800917
- Date of decision
- 17 September 1980
- Case number
- J 0004/80
- Petition for review of
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- Application number
- 79301925.8
- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- NRDC
- Opponent name
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- Board
- 3.1.01
- Headnote
I. Where the decision appealed interprets the Convention in a manner which a Board of Appeal considers to be incorrect, the Board, acting of its own motion, can hold the decision to be wrong and exercise a power within the competence of the department concerned, even though the appellant did not challenge the department's decision in that respect.
II. Correction of a request for grant by adding a designation of a State which was omitted from the request for grant by mistake may be allowed if satisfactory evidence is put before the Office (cf. Decision of 18 July 1980 in Case No. J 08/80).
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 79(1) 1973European Patent Convention R 88 1973
- Keywords
- Examination of legal questions
Legal questions
Competence/Exercise of power
Correction of errors - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The Decision of the Receiving Section of the European Patent Office dated 4 January 1980 is set aside.
2. It is ordered that the request for grant form filed on European patent application No. 79301925.8 is to be corrected by the addition thereto of the designation of the United Kingdom.