T 0013/83 (Polyisocyanurate) of 13.04.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T001383.19840413
- Date of decision
- 13 April 1984
- Case number
- T 0013/83
- Petition for review of
- -
- Application number
- 79301445.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- ICI Americas
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Rule 88 EPC does not apply to a non-obvious correction of an error in the description or claims which results from an erroneous technical calculation. A correction of such an error is allowable under Article 123(2) EPC if the amendment would be regarded by the skilled reader as clearly implied by the disclosure of the application as filed. If more than one arithmetical possibility of correction can be envisaged, the correction chosen must be the one which the application as a whole clearly implies.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention R 88 1973
- Keywords
- Erroneous technical calculation
- Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Examining Division of 26.07.1982 is set aside.
2. The case is remitted to the first instance with the order to reconsider it on the basis of this decision.
3. The request for reimbursement of the appeal fee is rejected.