J 0013/85 (Divisional application/whether filing justified) of 25.08.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001385.19860825
- Date of decision
- 25 August 1986
- Case number
- J 0013/85
- Petition for review of
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- Application number
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- 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
- non publié
- Opponent name
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- Board
- 3.1.01
- Headnote
1. There cannot be more than one effective Communication pursuant to Rule 51(4) and (5) EPC. If a second Communication is sent, this can only be because the first is deemed not to have been sent pursuant to Rule 51(4) EPC, last sentence.
2. The question whether the subject-matter of a European divisional application extends beyond the content of the parent application (Article 76(1) EPC) has to be decided in the examination procedure by the Examining Division.
- Relevant legal provisions
- European Patent Convention Art 76(1) 1973European Patent Convention R 25(1)(a) 1973European Patent Convention R 51(4) 1973European Patent Convention R 51(5) 1973
- Keywords
- Divisional application/whether filing justified
Procedural violation (substantial) - Catchword
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- Cited cases
- -
- Citing cases
- T 1409/05
ORDER
For these reasons, it is decided that:
1. The decision of the Receiving Section dated 3 January 1985 is set aside.
2. The case is remitted to the Receiving Section for further prosecution.
3. Reimbursement of the appeal fee is ordered.