J 0029/96 (Divisional application) of 03.09.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:J002996.19970903
- Date of decision
- 3 September 1997
- Case number
- J 0029/96
- Petition for review of
- -
- Application number
- 95119959.5
- IPC class
- -
- 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
- -
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Where consent has been given to the text of an earlier application pursuant to Rule 54(1) EPC, then withdrawal of this consent for the sole purpose of filing a divisional is not effective to re-open the period in which a divisional application can be filed.
- Relevant legal provisions
- European Patent Convention Art 76(3) 1973European Patent Convention R 25 1973
- Keywords
- Withdrawal of consent to text of parent application solely for the purpose of filing divisional - not effective
- Catchword
- -
- Citing cases
- J 0009/97
ORDER
For these reasons it is decided that:
1. The request for referral of questions to the Enlarged Board of Appeal is refused.
2. The appeal is dismissed.