European Patent Office

T 1273/04 of 16.11.2007

European Case Law Identifier
ECLI:EP:BA:2007:T127304.20071116
Date of decision
16 November 2007
Case number
T 1273/04
Petition for review of
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Application number
98933935.3
IPC class
H01S 3/18
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Surface emission semiconductor laser
Applicant name
Seiko Epson Corporation
Opponent name
-
Board
3.4.03
Headnote
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Relevant legal provisions
European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention R 68(2) 1973Rules of procedure of the Boards of Appeal Art 10a(2)Rules of procedure of the Boards of Appeal Art 10b(1)Rules of procedure of the Boards of Appeal Art 10b(3)Rules of procedure of the Boards of Appeal Art 11(6)
Keywords
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Catchword
In order to be admissible an amended claim belatedly filed in oral proceedings must be clearly allowable by virtue of a clearly permissible amendment. However, this principle has to be tempered in examination appeal proceedings by having regard to the extent to which the application has been examined (reasons 3.2.5).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance for further prosecution.