T 0079/89 (Finality of decision) of 09.07.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T007989.19900709
- Date of decision
- 9 July 1990
- Case number
- T 0079/89
- Petition for review of
- -
- Application number
- 80302390.2
- IPC class
- B65H 29/12G03G 21/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Xerox
- Opponent name
- -
- Board
- 3.2.01
- Headnote
1. If a Board of Appeal has issued a decision rejecting certain claimed subject-matter as not allowable and has remitted the case for further prosecution in accordance with an auxiliary request, the legal effect of Article 111 EPC is that examination of the allowability of the rejected claimed subject-matter cannot thereafter be re-opened, either by the Examining Division during its further prosecution of the case, or by the Board of Appeal in any subsequent appeal proceedings.
2. After a Board of Appeal has issued a decision in respect of certain issues, it has no power under Article 112(1)(a) EPC in the same proceedings to refer a question of law to the Enlarged Board of Appeal which arose in connection with issues which it has already decided, even though other issues are still pending before the Board of Appeal in proceedings on the same case.
- Relevant legal provisions
- European Patent Convention Art 110(2) 1973European Patent Convention Art 111 1973European Patent Convention Art 112 1973European Patent Convention Art 113 1973European Patent Convention Art 96(2) 1973European Patent Convention R 51(2) 1973European Patent Convention R 66(1) 1973European Patent Convention R 86(3) 1973
- Keywords
- Rejection of certain claimed subject-matter in appeal proceedings
Remittal to Examining Division for further prosecution on basis of auxiliary request
Disapproval of text in accordance with Rule 51(4) communication and request for further examination in respect of rejected subject-matter
Request for referral of questions to Enlarged Board rejected - Catchword
- -
- Cited cases
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ORDER
For these reasons it is decided that:
1. The Decision of the Examining Division is set aside.
2. The main request is rejected.
3. The request for the referral of questions of law to the Enlarged Board is rejected.
4. The case is remitted to the Examining Division with an order to grant a patent with text in accordance with that accompanying the Rule 51(4) communication dated 10 February 1988.