J 0010/82 (Decisions by Formalities Officers) of 21.12.1982
- European Case Law Identifier
- ECLI:EP:BA:1982:J001082.19821221
- Date of decision
- 21 December 1982
- Case number
- J 0010/82
- Petition for review of
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- Application number
- 79102235.3
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
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- 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
- Roecar
- Opponent name
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- Board
- 3.1.01
- Headnote
I. As the giving of decisions on requests for correction of mistakes under Rule 88 EPC has not been entrusted to Formalities Officers in pursuance of Rule 9(3) EPC, all such requests must be dealt with by an Examining Division if and so long as the European patent application to which they relate is undergoing substantive examination.
II. The rejection of a request for correction of mistakes is not a loss of a right resulting from the Convention within the meaning of Rule 69(1) EPC.
- Relevant legal provisions
- European Patent Convention R 67 1973European Patent Convention R 69 1973European Patent Convention R 88 1973European Patent Convention R 9(3) 1973
- Keywords
- Decisions by Formalities Officers
Exceeding entrusted powers
Procedural violation (substantial)
Reimbursement of appeal fee - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Head of Formalities of Directorate-General 2 dated 16 March 1982 is set aside.
2. The request for correction of a mistake under Rule 88 EPC is remitted to the Examining Division.
3. Reimbursement of the appeal fee is ordered.