J 0019/96 (No designation in divisional) of 23.04.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:J001996.19990423
- Date of decision
- 23 April 1999
- Case number
- J 0019/96
- Petition for review of
- -
- Application number
- 95200811.8
- IPC class
- C08H 5/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Thermosetting resin material and composite products from lignocellulose
- Applicant name
- K.C. Shen Technology International Ltd.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 67 1973European Patent Convention Art 76 1973European Patent Convention Art 79 1973European Patent Convention Art 91(4) 1973European Patent Convention R 51(4) 1973European Patent Convention R 85(2) 1973Rules relating to fees Art 7(2)Rules relating to fees Art 9(2)
- Keywords
- No designation in divisional of a designation deemed withdrawn in parent at the filing date of divisional
Under Article 7(2), 9(2) RRF, no allocation of designation fees contrary to expressed will of applicant - Catchword
- -
ORDER
For these reasons it is decided that:
1. The request to refer to the Enlarged Board of Appeal the question as to whether a divisional application can validly designate a state which was designated in the parent application but in respect of which the designation fee was not paid in the parent application, is rejected.
2. The decision of the Receiving Section is set aside.
3. Application No. 95 200 811.8 is deemed to be withdrawn.
4. The designation fees paid on 10 April 1995 and the fee for re-establishment paid on 31 July 1996 are to be refunded.