T 0178/84 (Unreported lack of unity) of 07.12.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T017884.19871207
- Date of decision
- 7 December 1987
- Case number
- T 0178/84
- Petition for review of
- -
- Application number
- 80107150.7
- IPC class
- G06F 13/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- IBM
- Opponent name
- -
- Board
- 3.5.01
- Headnote
1. It lies within the discretion given to the Examining Division by Rule 25(1)(b) EPC to decide that a patent application lacks unity of invention in the sense of Article 82 EPC even if the Search Division did not raise a similar objection under Rule 46(1) EPC. (This is the opposite of the situation Rule 46(2) EPC pertains to.)
2. The provisions of the Convention relating to unity of invention illustrate its general intention to leave it to the applicant to decide with what subject-matter to proceed in his patent application. The subject-matter concerned is excluded form further prosecution in the partent application. However, the applicant can file a divisional application to cover this subject-matter.
- Relevant legal provisions
- European Patent Convention Art 82 1973European Patent Convention R 25(1)(b) 1973European Patent Convention R 46 1973Rules relating to fees Art 2 Nr(2)
- Keywords
- Lack of unity - not reported in search stage
Examining Division not bound by holding of Search Division
Divisional application - not required
Subject-matter not to be prosecuted in the parent application upon non-payment of further search fee - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside;
2. The case is remitted to the first instance for further prosecution on the basis of the following application documents:
Claims 1, 2 and 4 (renumbered 3), filed on 1 July 1987;
Description, page 1 as published
pages 2 to 5, 5a, 6 to 9 and 12 filed on 1 July 1987;
pages 10 and 11 filed on 5 December 1986;
Drawings, sheets 1-3 filed on 5 December 1986;
with the proviso that this Board has decided that the said claims satisfy Article 82 EPC.