T 1064/04 of 27.06.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T106404.20080627
- Date of decision
- 27 June 2008
- Case number
- T 1064/04
- Petition for review of
- -
- Application number
- 98912425.0
- IPC class
- B01J 27/26
- 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
- Process for making double metal cyanide catalysts
- Applicant name
- BAYER ANTWERPEN N.V.
- Opponent name
- -
- Board
- 3.3.07
- Headnote
"Summary of principles derived from decison G 0007/93 on admission of amendments at late stage of proceedings (see point 4). In particular such admission is to be the exception not the rule."
"Requests for amendments after oral proceedings which resulted in a communication indicating grant possible on an auxiliary request, are made at a late stage of proceedings (see point 4.2)"
- Relevant legal provisions
- European Patent Convention R 137(3)European Patent Convention R 51(4) 1973European Patent Convention R 51(5) 1973European Patent Convention R 86(3) 1973
- Keywords
- Correct exercise of discretion by the Examining Division under Rule 86(3) EPC 1973
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution on the basis of the text that accompanied the communication under Rule 51(4) EPC dated 31 January 2003.
3. The request for reimbursement of the appeal fee is refused.