T 0220/89 (Unity) of 28.02.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T022089.19910228
- Date of decision
- 28 February 1991
- Case number
- T 0220/89
- Petition for review of
- -
- Application number
- 80103866.2
- IPC class
- C25B 1/00C01G 56/00C01G 43/00
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0220/89 1992-10-07
- Abstracts for this decision
- -
- Application title
- Verfahren zur elektrochemischen Einstellung der Pu(VI)-Oxidationsstufe
- Applicant name
- Siemens
- Opponent name
- Kernforschungszentrum Karlsruhe
- Board
- 3.4.02
- Headnote
The following point of law is referred to the Enlarged Board of Appeal:
Even if Article 82 EPC refers to a European patent application and Article 100 EPC does not give unity of invention as a ground for opposition, does application of Rule 61a EPC (cf. in particular Rules 27, 29 and 30 EPC) in the case of an amended European patent mean that the unity of invention demanded by Article 82 EPC comes under the "requirements of this Convention" mentioned in Article 102(3) EPC which the patent maintained in amended form must meet?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 82 1973European Patent Convention R 27 1973European Patent Convention R 29 1973European Patent Convention R 30 1973European Patent Convention R 61a 1973
- Keywords
- Unity
Referral to the Enlarged Board of Appeal - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
The following point of law is referred to the Enlarged Board of Appeal:
Even if Article 82 EPC refers to a European patent application and Article 100 EPC does not give unity of invention as a ground for opposition, does application of Rule 61a EPC (cf. in particular Rules 27, 29 and 30 EPC) in the case of an amended European patent mean that the unity of invention demanded by Article 82 EPC comes under the "requirements of this Convention" mentioned in Article 102(3) EPC which the patent maintained in amended form must meet?