European Patent Office

T 0840/93 (Oral compositions) of 11.07.1995

European Case Law Identifier
ECLI:EP:BA:1995:T084093.19950711
Date of decision
11 July 1995
Case number
T 0840/93
Petition for review of
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Application number
88103996.0
IPC class
A61K 7/16
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
Oral treatment and use of an oral composition
Applicant name
THE PROCTER & GAMBLE COMPANY
Opponent name
Unilever N.V.
Henkel Kommanditgesellschaft
Goldwell AG
Sara Lee/DE N.V.
SmithKline Beecham
Colgate-Palmolive Company
Board
3.3.02
Headnote

In the light of G 0009/91 and G 0010/91 on the purpose of appeals, special attention must be given to late filed requests at the appeal stage when divisional applications are still pending. If the distinction between the subject-matter of the divisional applications is not clear and some of them are still pending before the department of first instance, it is inappropriate to admit, during oral proceedings at the appeal stage after opposition, new requests which are neither immediately allowable nor bona fide attempts to overcome objections raised.

Keywords
Late filed requests - not admitted - appeal restricted to judicial review of the requests considered by the department of first instance - pending divisional applications
Catchword
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ORDER

For these reasons it is decided that:

The appeal is dismissed.