T 0182/88 (Separate set of claims) of 03.11.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T018288.19881103
- Date of decision
- 3 November 1988
- Case number
- T 0182/88
- Petition for review of
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- Application number
- 83303996.9
- IPC class
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- Language of proceedings
- English
- 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
- Dimeric oligopeptides as haptenic epitopic sites for hepatitis
- Applicant name
- University of California
- Opponent name
- -
- Board
- 3.3.01
- Headnote
When a decision hinges upon the exercise of discretion (here: separate claims for Austria after Rule 51(4) EPC old version communication), the reasons should be given. Such reasons should take into account those factors which are legally relevant to the issue in question, and should not simply consider whether the facts of the case are exactly the same as in a previously decided case (here: decision T 166/86 - 3.3.2 "Separate set of claims/HENKEL", 25 September 1986, OJ EPO 1987, 372). Such factors are determined by considering the purpose of the exercise of the discretion in its context, and in the context of the EPC as a whole (here: the balancing of the Office's interest in a speedy completion of the proceedings against the Applicant's interest in obtaining a patent which is legally valid in all the Contracting States).
- Relevant legal provisions
- European Patent Convention Art 123(1) 1973European Patent Convention Art 167(2)(a) 1973European Patent Convention R 51(4) 1973European Patent Convention R 86(3) 1973
- Keywords
- Separate claims for Austria
Amendment (proposed) filed after Rule 51(4) old version communication
Principles for exercise of discretion under Rule 86(3) EPC - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The appeal is allowed, and the Decision of the Examining Division dated 16 February 1988 is set aside.
2. The case is remitted to the Examining Division for continuation of examination of the application taking into account the separate set of claims for Austria.