T 1073/92 (Withdrawal of appeal/ALZA) of 11.02.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T107392.19930211
- Date of decision
- 11 February 1993
- Case number
- T 1073/92
- Petition for review of
- -
- Application number
- 87901834.9
- IPC class
- A61N 1/30
- 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
- Apparatus for iontophoretic drug-delivery
- Applicant name
- ALZA CORPORATION
- Opponent name
- -
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111 1973
- Keywords
- Request for change of text after Rule 51(4) EPC communication refused
Application refused under Article 97(1) EPC
Appeal to allow change of text withdrawn in combination with request for grant pursuant to Rule 51(4) EPC communication
Remittal with order to grant
Withdrawal of appeal - interpretation - Catchword
- Request for "withdrawal of the appeal" interpreted as a request for withdrawal of the main request only, plus a request for remittal.
- Cited cases
- G 0008/91
- Citing cases
- -
ORDER
For the above reasons it is ordered that:
1. The decision of the Examining Division is set aside.
2. The case is remitted to the first instance with an order to grant a patent with text as identified in the communication under Rule 51(4) EPC dated 6 December 1991.
3. Refund of the appeal fee is refused.