J 0025/92 (Metallic particles) of 29.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:J002592.19930929
- Date of decision
- 29 September 1993
- Case number
- J 0025/92
- Petition for review of
- -
- Application number
- 89909962.6
- IPC class
- H01B 1/22
- 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
- Process for making noble metal coated metallic particles, and resulting conductive materials
- Applicant name
- Ostolski, Marian
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 150(2) 1973European Patent Convention Art 94(2) 1973European Patent Convention Art 94(3) 1973European Patent Convention R 104(1)(b) 1973Patent Cooperation Treaty Art 39(1)(a)
- Keywords
- Payment of examination fee
Lack of specific written request - Catchword
- If an examination fee plus a surcharge has been paid in due time, and if there is any doubt in the EPO's mind as to whether the applicant intends to request examination, it is the duty of the EPO to warn the applicant of the impending loss of rights due to the lack of a specific written request for examination (J 13/90 dated 10 December 1992 followed, headnote published in OJ 1993 issue 6 page XII).
- Cited cases
- J 0013/90
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The request for examination for Euro-PCT application No. 89 909 962.6 is deemed to have been filed on 12 April 1991.
3. The case is remitted to the Receiving Section for further processing.