J 0008/98 (Divisional application) of 06.05.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:J000898.19990506
- Date of decision
- 6 May 1999
- Case number
- J 0008/98
- Petition for review of
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- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
- 3.1.01
- Headnote
I. In oral proceedings before a Board of Appeal, the approval of a text in which the patent is to be granted is implied, in the absence of exceptional circumstances, in the appellant's request to take a decision on the text he submitted to the Board.
II. Such approval which is not expressed in the form specified by Rule 51(4) EPC does not exclude the filing of a divisional application filed after remittal to the first instance.
- Relevant legal provisions
- European Patent Convention Art 113 1973European Patent Convention Art 76 1973European Patent Convention R 25(1) 1973European Patent Convention R 51(4) 1973European Patent Convention R 66(1) 1973
- Keywords
- Application to be treated as a divisional application (yes)
No communication under Rule 51(4) EPC in the earlier application - Catchword
- -
- Citing cases
- T 2558/18
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The application is to be treated as a divisional application on application No. 90 122 741.3.