T 0850/95 (Correction of decision to grant/US GYPSUM III) of 12.07.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T085095.19960712
- Date of decision
- 12 July 1996
- Case number
- T 0850/95
- Petition for review of
- -
- Application number
- 89311913.1
- IPC class
- C04B 11/024
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0850/95 Correction of decision to grant 1995-11-21T 0850/95 Berichtigung des Erteilungsbeschlusses 1995-11-21T 0850/95 Correction of decision to grant 1995-11-21T 0850/95 Rectification d'une décision de délivrance 1995-11-21
- Abstracts for this decision
- -
- Application title
- Composite material and method of producing
- Applicant name
- US GYPSUM
- Opponent name
- -
- Board
- 3.3.02
- Headnote
I. In a decision to grant, if the text given for grant is not and obviously cannot be the text corresponding to the real intention of the Examining Division, there is an obvious mistake within the meaning of Rule 89 EPC and the text erroneously indicated can be replaced by the text on which the Division actually wanted to base its decision.
II. The filing of replacement pages for the whole specification should be avoided unless the extent of amendments makes it absolutely necessary.
- Relevant legal provisions
- European Patent Convention R 67 1973European Patent Convention R 68(2) 1973European Patent Convention R 89 1973
- Keywords
- Correction of decision to grant - yes
Reimbursement of the appeal fee - yes
Reasons for a decision - insufficient - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The decision to grant is corrected by including pages 4a and 4b, submitted on 10 March 1995, into the description.
3. The appeal fee shall be reimbursed.