T 0166/86 (Separate sets of claims) of 25.09.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T016686.19860925
- Date of decision
- 25 September 1986
- Case number
- T 0166/86
- Petition for review of
- -
- Application number
- 82109966.0
- IPC class
- C09J 3/14
- 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
- Henkel
- Opponent name
- -
- Board
- 3.3.02
- Headnote
Where a separate set of claims for a Contracting state that has expressed a reservation under Article 167(2)(a) EPC (in this case Austria) is not filed until after the communication pursuant to Rule 51(4) EPC has been issued, an exception should be made and the claims considered if doing so does not appreciably delay the proceedings.
- Relevant legal provisions
- European Patent Convention Art 167(2)(a) 1973European Patent Convention Art 97(2)(a) 1973European Patent Convention R 51(4) 1973European Patent Convention R 86(3) 1973
- Keywords
- Separate set of claims filed after issue of Communication Rule 51(4)
Claims for Austria under resevation - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision dated 14 February 1986 to reject the European patent application is set aside.
2. The case is remitted to the Examining Division for resumption of the proceedings (taking into consideration the separate set of claims for Austria and examination of the current Claim 16).