European Patent Office

J 0008/81 (Refund of fee for European search report) of 30.11.1981

European Case Law Identifier
ECLI:EP:BA:1981:J000881.19811130
Date of decision
30 November 1981
Case number
J 0008/81
Petition for review of
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Application number
80303372.9
IPC class
-
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
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
Caterpillar
Opponent name
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Board
3.1.01
Headnote

I. A decision of the European Patent Office may be, but ought not to be, given in a document which in form appears to be merely a communication. Whether a document constitutes a decision or a communication depends on the substance of its contents, not upon its form.

II. Since the amendment of Article 10 of the Rules relating to Fees on 14 September 1979, it is not possible to refund the fee for the European search report if that report is based on an international search report prepared under the provisions of the PCT by any International Searching Authority other than the EPO.

Keywords
Form of decision
International application
International search report
Refund of fee for European search report
Catchword
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Cited cases
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ORDER

For these reasons, it is decided that:

The appeal against the decision of the Receiving Section of the European Patent Office dated 23 April 1981 and the appalication for reimbursement of the appeal fee are dismissed.