T 0171/85 (Inconsistent documents for grant) of 30.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T017185.19860730
- Date of decision
- 30 July 1986
- Case number
- T 0171/85
- Petition for review of
- -
- Application number
- 80103208.7
- IPC class
- H45D 2/36
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Gillette
- Opponent name
- -
- Board
- 3.2.01
- Headnote
1. If discrepancies or inconsistencies are found in the text communicated under Rule 51(4) EPC to the applicant for a European patent, they may be removed in agreement between Examining Division and applicant even if the latter has already given his approval under Rule 51(4) EPC to the (faulty) text.
2. Amendments removing such deficiencies will not normally necessitate re-issuing the communication under Rule 51(4) EPC, which need be replaced only if there would be a loss of rights under Article 65(3) EPC in a Contracting State.
- Relevant legal provisions
- European Patent Convention Art 97(2) 1973European Patent Convention R 51(5) 1973
- Keywords
- Correction of inconsistent application documents prior to grant
No need to re-issue communication under Rule 51(4) EPC
Communication under Rule 51(4) EPC/No need to re-issue - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1.Point 1 of the interlocutory decision of the Examining Division of the European Patent Office dated 22 January 1985 is set aside, and the case remitted to the Examining Division for further examination.
2.The appeal is otherwise dismissed.