J 0015/90 (Re-establishment) of 04.09.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:J001590.19920904
- Date of decision
- 4 September 1992
- Case number
- J 0015/90
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- J 0015/90 1994-11-28
- Abstracts for this decision
- -
- Application title
- Method for introducing melting reactive metals and alloys
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122(5) 1973
- Keywords
- Restitutio - inapplicable time limit
Enlarged Board - referral (yes) - Catchword
- Extent of applicability of Art. 122(5) EPC; supplementary referral to J 0016/90 - Fabritius G 0003/91.
ORDER
For these reasons, it is decided that:
1. In appeals J 15/90, J 8/91, J 9/92 and J 20/92 the same questions are referred to the Enlarged Board of Appeal with the same reasoning as in case J 16/90 (G 3/91).
2. In addition the following question is referred to the Enlarged Board of Appeal:
If the answer to the questions of law 1b or 2b is negative, that is re-establishment is precluded in the relevant PCT cases, is the decision of the Enlarged Board of Appeal then also immediately applicable to all pending cases?