J 0027/94 (Divisional application) of 27.02.1995

I. In the interest of legal security, a procedural declaration has to be unambiguous (Confirmation of J 11/94, to be published). This implies that it must not be subject to any condition, leaving it open whether the EPO can proceed further on the basis thereof.

II. If a declaration subject to a condition is treated as valid procedural act, the EPO is not allowed later to contradict its own earlier conduct because this would offend against the generally recognized prohibition "venire contra factum proprium" (J 14/94, to be published, followed).

III. The binding effect according to Article 111(2) EPC applies only to the case decided upon.

IV. The first instance was not obliged by the principle of good faith to allow the filing of divisional applications after the approval of the text intended for grant on the basis of decision J 11/91 (OJ EPO 1994, 28) until opinion G 10/92 (OJ EPO 1994, 633) was made available to the public.