J 0009/92 (Re-establishment) of 04.09.1992

European Case Law Identifier: ECLI:EP:BA:1992:J000992.19920904
Date of decision: 4 September 1992
Case number: J 0009/92
Petition for review of: -
Application number: 89907243.3
IPC class: -
Language of proceedings: English
Distribution: Distributed to board chairmen and members (B)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: -
Applicant name: Decknology Ltd.
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 112(1)(a) 1973 European Patent Convention Art 122 1973 European Patent Convention Art 122(1) 1973 European Patent Convention Art 122(2) 1973 European Patent Convention Art 122(3) 1973 European Patent Convention Art 122(5) 1973 European Patent Convention Art 150 1973 European Patent Convention Art 158 1973 European Patent Convention Art 78(2) 1973 European Patent Convention Art 79(3) 1973 European Patent Convention Art 94 1973 European Patent Convention R 85b 1973Rules of procedure of the Boards of Appeal Art 9
Keywords: Extent of applicability of Article 122(5) EPC; supplementary referral to J 0016/90 - Fabritius, G 0003/91
Referral to the Enlarged Board of Appeal
Applicability of the decision of the Enlarged Board of Appeal - pending cases
Catchword: -
Cited cases: G 0003/89 G 0003/91 G 0011/91 J 0015/90 J 0016/90 J 0008/91 J 0009/92 J 0020/92 T 0184/91
Citing cases: J 0009/92

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?