T 0544/88 (Reduction in NOx content) of 17.04.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T054488.19890417
- Date of decision
- 17 April 1989
- Case number
- T 0544/88
- Petition for review of
- -
- Application number
- 85100682.5
- IPC class
- B01D 53/36
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
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- Application title
- -
- Applicant name
- Uhde
- Opponent name
- -
- Board
- 3.4.01
- Headnote
1. If an applicant, in response to a lack-of-unity objection under Article 82 EPC, files new claims allegedly relating to an invention meeting the unity requirement, examination should be continued even if the other application documents have not been limited to the subject-matter of those claims.
2. However, the Examining Division may request the applicant to bring the description and drawings into line with the valid claims (Rule 27(1)(d) EPC) and to delete from the patent documents those parts of the description and drawings which do not refer to claimed inventions (Rule 34(1)(c) EPC). It will then be necessary to check in each individual case whether such adjustments ought to be deferred until allowable claims are submitted.
- Relevant legal provisions
- European Patent Convention Art 82 1973European Patent Convention R 25(1) 1973
- Keywords
- Lack of unity - continuation of examination procedure
- Catchword
- -
- Cited cases
- -
- Citing cases
- T 1989/18
ORDER
For these reasons, it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the Examining Division for further examination on the basis of Claims 1 to 8 filed on 21 October 1988.