T 0904/97 of 21.10.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:T090497.19991021
- Date of decision
- 21 October 1999
- Case number
- T 0904/97
- Petition for review of
- -
- Application number
- 93110200.8
- IPC class
- G03G 15/00
- 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 forming an image on a record medium
- Applicant name
- Seiko Epson Corporation
- Opponent name
- Canon Inc.
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 76(1) 1973European Patent Convention R 25 1973
- Keywords
- Division of a divisional application
Benefit of the filing date of the grandparent application (no)
Patentability (no) - Catchword
- 1. Since both the divisional application for which the patent in suit is granted and the parent application comprise subject-matter extending beyond the content of the grandparent application as originally filed, the second-generation patent cannot possibly benefit from the filing date of the grandparent application, the publication of which therefore belongs to the prior art under Article 54(2) EPC.
2. Thus there was no need for the Board in the present circumstances to further investigate the issues of the admissibility of sequences of divisional applications and of their proper handling, which therefore could be left open (point 2 of the Reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The European patent No. 0 562 648 is revoked.