T 0384/91 (Conflict) of 11.11.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T038491.19921111
- Date of decision
- 11 November 1992
- Case number
- T 0384/91
- Petition for review of
- -
- Application number
- 82306422.5
- IPC class
- G02B 5/00B29D 11/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0384/91 Conflit entre les paragraphs 2 et 3 de l'art.123 EPC 1994-09-27T 0384/91 Kollision zwischen Artikel 123, Absatz 2 u. 3 EPÜ 1994-09-27T 0384/91 Conflict between Article 123, paragraphs 2 and 3,EPC 1994-09-27T 0384/91 "Conflict" between Article 123, paragraphs (2) and (3), EPC 1994-09-27
- Abstracts for this decision
- -
- Application title
- Method for the manufacture of a thin optical membrane
- Applicant name
- ADVANCED SEMICONDUCTOR
- Opponent name
- Mitsui
- Board
- 3.4.02
- Headnote
The following point of law is referred to the Enlarged Board of Appeal for decision:
"If a European patent as granted contains subject-matter which extends beyond the content of the application as filed and also limits the scope of protection conferred by the claims, is it possible during the opposition proceedings to maintain the patent in view of paragraphs 2 and 3 of Article 123 EPC?"
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973
- Keywords
- Conflicting requirements between Article 123 paragraphs (2) and (3) EPC
Referral to the Enlarged Board of Appeal - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The following point of law is referred to the Enlarged Board of Appeal for decision:
"If a European patent as granted contains subject-matter which extends beyond the content of the application as filed and also limits the scope of protection conferred by the claims, is it possible during the opposition proceedings to maintain the patent in view of paragraphs 2 and 3 of Article 123 EPC?".