T 0166/84 (Postponement of examination) of 22.08.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T016684.19840822
- Date of decision
- 22 August 1984
- Case number
- T 0166/84
- Petition for review of
- -
- Application number
- 81301663.1
- 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
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- Application title
- -
- Applicant name
- Takeda
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Whenever a decision of the Examining Division depends entirely on the outcome of proceedings before the Enlarged Board of Appeal on a legal question or point of law raised according to Article 112 EPC - and this is known to the Examining Division - the further examination of the application must be suspended until the matter is decided by the EBA.
- Relevant legal provisions
- European Patent Convention Art 112 1973European Patent Convention Art 52(4) 1973
- Keywords
- Postponement of examination
Examination/postponement
Enlarged Board of Appeal/suspension of examination
Suspension of examination/Enlarged Board of Appeal
Suspension of examination/point of law pending before Enlarged BApp
Therapeutic use - Catchword
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- Cited cases
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ORDER
For these reasons, It is decided that:
1. The Decision of the Examining Division of the European Patent Office dated 19 January 1984 is set aside.
2. The application is remitted to the Examining Division in order to await the decision of the Enlarged Board of Appeal in the question of use claims in therapy and then to continue the substantive examination accordingly.
3. The appeal fee is reimbursed.