T 0675/90 (Separate set of claims) of 24.06.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T067590.19920624
- Date of decision
- 24 June 1992
- Case number
- T 0675/90
- Petition for review of
- -
- Application number
- 86100544.5
- IPC class
- C07D 473/22
- 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
- Euro-Celtique
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. The discretionary power conferred by Rule 86(3) EPC to allow amendments no longer exists after a Rule 51(6) communication has been issued.
2. Therefore the issue of such a communication constitutes an absolute bar to subsequent amendments, save the correction of obvious mistakes under Rule 88 EPC.
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention R 51(6) 1973European Patent Convention R 67 1973European Patent Convention R 83(3) 1973
- Keywords
- Separate set of claims filed after issue of communication pursurant to Rule 51(6) EPC (rejected)
- Catchword
- -
- Cited cases
- -
- Citing cases
- T 0860/91
ORDER
For these reasons, it is decided that:
1. The Examining Division's decision is set aside.
2. The main request is refused.
3. The case is remitted to the Examining Division with the order to grant the patent on the basis of the text communicated to the Applicant (Rule 51(4) EPC) on 26 April 1989 and subsequently approved by him (auxiliary request).
4. The request for the refund of the appeal fee is refused.