J 0012/85 (Inadmissible appeal) of 07.02.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001285.19860207
- Date of decision
- 7 February 1986
- Case number
- J 0012/85
- Petition for review of
- -
- Application number
- 80107209.1
- 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
- -
- Application title
- -
- Applicant name
- Kureha
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. A Board of Appeal can only examine appeals from decisions of other instances of the EPO (Article 21(1) EPC). Thus it cannot examine a request for a correction, based on Rule 89 EPC, of the decision under appeal. A decision on this request must be first rendered by the Examining Division before the matter can be referred to the Board of Appeal.
2. An applicant for a European patent may only be "adversely affected" within the meaning of Article 107 EPC by a decision to grant the patent if such a decision is inconsistent with what he has specifically requested.
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 167(2) 1973European Patent Convention Art 21(1) 1973European Patent Convention Art 97(2)(a) 1973European Patent Convention R 51(4) 1973European Patent Convention R 89 1973
- Keywords
- Competence for correction of errors in decisions of first instance
Appeal/inadmissible
Inadmissible appeal - Catchword
- -
- Cited cases
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ORDER
For the these reasons, It is decided that
The appeal against the decision dated 22 November 1984 of a Formalities Officer acting for Directorate General 2 is rejected as inadmissible.