J 0003/91 (Priority declaration (correction)) of 01.12.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:J000391.19921201
- Date of decision
- 1 December 1992
- Case number
- J 0003/91
- Petition for review of
- -
- Application number
- 84300001.9
- IPC class
- D04H 1/44
- 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 for production of non-woven fabric
- Applicant name
- UNI-CHARM CORPORATION
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Particulars of a priority declaration (date and file number pursuant to Rule 38(1) EPC) may be corrected even after publication of the European patent application without a warning provided that the interests of third parties are not adversely affected (see decision J 04/82, OJ EPO 1982, 385 and J 03/82, OJ EPO 1983, 171).
The interests of third parties are not adversely affected by a correction, if the mistake in the particulars of the priority declaration is apparent on the face of the published patent application ("apparent discrepancy").
- Relevant legal provisions
- European Patent Convention Art 88(1) 1973European Patent Convention R 38(1) 1973European Patent Convention R 88 1973
- Keywords
- Correction of particulars after publication
Error of transcription - interest of third parties - apparent discrepancy
Reimbursement of appeal fee - substantial procedural violation - Catchword
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ORDER
For these reasons it is decided that:
1. The interlocutory decision of the Examining Division dated 17 September 1990 is set aside.
2. It is ordered that the request for grant filed on European patent application No. 84 300 001.9 be corrected as follows:
- the filing date of the priority application as indicated in the declaration of priority shall be replaced by the date of "31st December, 1982";
- the application number of the priority document shall be replaced by "JP 233998/82".
3. The request for reimbursement of the appeal fee is refused.