T 0737/90 (Missing publication number/General Electric) of 09.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T073790.19930909
- Date of decision
- 9 September 1993
- Case number
- T 0737/90
- Petition for review of
- -
- Application number
- 87104405.3
- IPC class
- C09K 11/76
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fluorescent lamp using multi-layer phosphor coating
- Applicant name
- General Electric Company
- Opponent name
- -
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention R 88 1973
- Keywords
- Supplementation of a cross reference to a patent application by its publication number (allowed)
- Catchword
- The answer to the question whether or not a document incorporated in the text of a European patent application by reference can be unambiguously identified and easily retrieved depends solely on the facts of the case. Neither Article 123(2) EPC nor the Guidelines for the Examination within the EPO require or imply that a patent application referred to must be identified by a number, in order to be taken into account for the purpose of Article 83 EPC.
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution on the basis of the main request.