European Patent Office

T 0127/85 (Blasting compositions) of 01.02.1988

European Case Law Identifier
ECLI:EP:BA:1988:T012785.19880201
Date of decision
1 February 1988
Case number
T 0127/85
Petition for review of
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Application number
80301578.3
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
-
Applicant name
Ireco
Opponent name
Nitro Nobel
Board
3.3.02
Headnote

Objections to clarity of claims or any consequent requests for amendment are only relevant to opposition proceedings as far as they can influence the decisions on issues under Art. 100 EPC or arise in relation to matter to be amended in consequence of such issues (cf. point 2.1 of the Reasons).

It could lead to an abuse of the opposition proceedings if the patentee were allowed merely to tidy up and improve his disclosure by amendments (here: deletion of an example) not necessitated by proper opposition grounds (cf. point 7.1 of the Reasons).

Keywords
Amendment of claims
Abuse of the opposition proceedings
Clarity of claims - interpretation of ambiguous terms
Consistency of disclosure
Catchword
-
Cited cases
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ORDER

For these reasons, it is decided that the appeal is rejected.