T 0051/08 (Res iudicata in a divisional application/CANON) of 07.05.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T005108.20090507
- Date of decision
- 7 May 2009
- Case number
- T 0051/08
- Petition for review of
- -
- Application number
- 05076491.9
- IPC class
- G03G 15/00
- 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
- Automatic service requests over the world wide web
- Applicant name
- CANON KABUSHIKI KAISHA
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 111(2) 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 113(2) 1973European Patent Convention R 101(1)European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal Art 12(2)
- Keywords
- Binding effect of a decision taken in the parent application
Principle of res iudicata applied in the divisional application
Admissibility of the appeal (no)
Referral to the Enlarged Board of Appeal (no) - Catchword
- Subject matter on which a final decision has been taken by a board of appeal in the parent application becomes res iudicata and cannot be pursued in the divisional application.
If the statement setting out the grounds of appeal in a case does not go beyond submitting and arguing for a set of claims which constitutes such subject matter, the appeal is not sufficiently substantiated.
ORDER
For these reasons it is decided that:
The appeal is dismissed as inadmissible.