J 0006/86 (Withdrawal - abandonment) of 28.01.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000686.19870128
- Date of decision
- 28 January 1987
- Case number
- J 0006/86
- Petition for review of
- -
- Application number
- 80902337.7
- IPC class
- A61K 37/48
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method of enzymatic debridgement
- Applicant name
- Riker
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. A statement "applicant wishes to abandon this application" may be considered as unambiguous withdrawal of a European patent application if nothing in the circumstances under which the statement was made could be taken as qualifying such an interpretation.
2. Article 125 EPC is only applicable in the absence of relevant procedural provisions in the Convention. It is not applicable when the question submitted to the Board is only a question of interpretation of a specific statement made to the EPO by an applicant for a European patent.
- Relevant legal provisions
- European Patent Convention Art 125 1973
- Keywords
- Withdrawal - abandonment
Interpretation of a specific statement - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The appeal against the decision of the Head of the Formalities Section of Directorate General 2 of the European Patent Office dated 11 October 1985 is dismissed.
2. The request for reimbursement of the appeal fee is rejected.