T 0039/03 (Divisional application/ASTROPOWER) of 26.08.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T003903.20050826
- Date of decision
- 26 August 2005
- Case number
- T 0039/03
- Petition for review of
- -
- Application number
- 99100131.4
- IPC class
- H01L 31/18
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- Other decisions for this case
- T 0039/03 2008-07-09
- Abstracts for this decision
- -
- Application title
- Improved columnar-grained polycrystalline solar cell and process of manufacture
- Applicant name
- ASTROPOWER Inc.
- Opponent name
- -
- Board
- 3.4.02
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
(1) Can a divisional application which does not meet the requirements of Article 76(1) EPC because, at its actual filing date, it extends beyond the content of the earlier application, be amended later in order to make it a valid divisional application?
(2) If the answer to question (1) is yes, is this still possible when the earlier application is no longer pending?
(3) If the answer to question (2) is yes, are there any further limitations of substance to this possibility beyond those imposed by Articles 76(1) and 123(2) EPC? Can the corrected divisional application in particular be directed to aspects of the earlier application not encompassed by those to which the divisional as filed had been directed?
- Relevant legal provisions
- European Patent Convention Art 76(1) 1973
- Keywords
- Validity of divisional applications
Referral to Enlarged Board of Appeal - Catchword
- -
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board of Appeal:
(1) Can a divisional application which does not meet the requirements of Article 76(1) EPC because, at its actual filing date, it extends beyond the content of the earlier application, be amended later in order to make it a valid divisional application?
(2) If the answer to question (1) is yes, is this still possible when the earlier application is no longer pending?
(3) If the answer to question (2) is yes, are there any further limitations of substance to this possibility beyond those imposed by Articles 76(1) and 123(2) EPC? Can the corrected divisional application in particular be directed to aspects of the earlier application not encompassed by those to which the divisional as filed had been directed?