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
- -
- Application number
- 98933935.3
- IPC class
- H01S 3/18
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Surface emission semiconductor laser
- Applicant name
- Seiko Epson Corporation
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- 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
- -
- 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.