T 0830/91 (Late amendments) of 25.05.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T083091.19930525
- Date of decision
- 25 May 1993
- Case number
- T 0830/91
- Petition for review of
- -
- Application number
- 87116757.3
- IPC class
- A61K 47/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0830/91 Amendments/WHITBY 1994-09-15
- Abstracts for this decision
- -
- Application title
- Penetration enhancers for transdermal delivery of systemic agents
- Applicant name
- Whitby Research
- Opponent name
- -
- Board
- 3.3.02
- Headnote
The following questions are referred to the Enlarged Board:
1. In the light of Article 113(2) EPC, is Rule 51(6) EPC to be interpreted such that an approval submitted under Rule 51(4) EPC becomes binding once a communication in accordance with Rule 51(6) EPC has been issued?
2. Is the European Patent Office obliged to consider reservations under Article 167(2) EPC as constituting requirements of the EPC which have to be met according to Article 96(2) EPC?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 164(2) 1973European Patent Convention Art 167(2) 1973European Patent Convention Art 96(2) 1973European Patent Convention R 51 1973European Patent Convention R 86(3) 1973
- Keywords
- Admissibility of amendments after a Rule 51(6) communication
Reservations under Article 167(2) EPC
Referral to the Enlarged Board of Appeal - Catchword
- -
- Cited cases
- -
- Citing cases
- J 0030/95
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board:
1. In the light of Article 113(2) EPC, is Rule 51(6) EPC to be interpreted such that an approval submitted under Rule 51(4) EPC becomes binding once a communication in accordance with Rule 51(6) EPC has been issued?
2. Is the European Patent Office obliged to consider reservations under Article 167(2) EPC as constituting requirements of the EPC which have to be met according to Article 96(2) EPC?