T 1409/05 (Sequence of divisionals/SEIKO) of 30.03.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T140905.20060330
- Date of decision
- 30 March 2006
- Case number
- T 1409/05
- Petition for review of
- -
- Application number
- 01128824.8
- IPC class
- G09G 3/36
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 1409/05 2007-07-18
- Abstracts for this decision
- -
- Application title
- Liquid crystal device
- Applicant name
- SEIKO EPSON CORPORATION
- Opponent name
- -
- Board
- 3.4.03
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
(1) In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, is it a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1) EPC, second sentence, that anything disclosed in that divisional application be directly, unambiguously and separately derivable from what is disclosed in each of the preceding applications as filed?
(2) If the above condition is not sufficient,
does said sentence impose the additional requirement
(a) that the subject-matter of the claims of said divisional be nested within the subject-matter of the claims of its divisional predecessors?
or
(b) that all the divisional predecessors of said divisional comply with Article 76(1) EPC?
- Relevant legal provisions
- European Patent Convention Art 1 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 63(1) 1973European Patent Convention Art 64(1) 1973European Patent Convention Art 76(1) 1973European Patent Convention Art 80 1973European Patent Convention Art 90(1)(a) 1973European Patent Convention Art 90(2) 1973European Patent Convention Art 96(2) 1973European Patent Convention Art 97(1) 1973European Patent Convention R 25(1) 1973European Patent Convention R 39 1973European Patent Convention R 86(3) 1973
- Keywords
- Compliance with Article 76(1) EPC for a sequence of divisional applications
According of a filing date
Content of the application
Referral to the 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) In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, is it a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1) EPC, second sentence, that anything disclosed in that divisional application be directly, unambiguously and separately derivable from what is disclosed in each of the preceding applications as filed?
(2) If the above condition is not sufficient,
does said sentence impose the additional requirement
(a) that the subject-matter of the claims of said divisional be nested within the subject-matter of the claims of its divisional predecessors?
or
(b) that all the divisional predecessors of said divisional comply with Article 76(1) EPC?